Wednesday, December 2, 2020

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DoD Opts Not to Rush New R&D Rules

The Pentagon is looking to give contractors a bit more time before it steps in for closer review of their independent, government-funded projects, a top Pentagon tech official said. More at Federal Computer Week
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Contractor Responsible for Following Changes in HUBZone Areas for Employee Residency Requirements; COFC No....

Appeal of the Small Business Administration’s size determination is denied, where SBA properly determined that the plaintiff did not meet the 35 percent residency requirement for a HUBZone small business at the time of contract award. Dorado Services, Inc. had been awarded a contract from the Air Force that was 100 percent set aside for […]
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GSA Leasing: How to Recoup Operating Cost Escalations

GSA leases include operating costs that will rise year after year. The key question for leaseholders is how to position yourself to recoup those cost increases beginning with the second year of the lease and for each year thereafter. More at Fox Rothschild
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Conference Committee Drops Controversial Bid Protest Reforms from NDAA FY 17, Opting Instead for...

The conference report on the FY 2017 National Defense Authorization Act includes language affecting bid protests. If enacted, the bill would renew and make permanent GAO’s jurisdiction over protests of civilian agency task and delivery orders with values exceeding $10 million; and would increase the threshold for protests of DoD task and delivery orders from […]
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Agency Unreasonably Assumed Awardee Would Cover Variable Costs; GAO B-407966.4, GiaCare and MedTrust JV,...

Protest challenging the agency’s price realism evaluation is sustained, where the agency failed to consider the compatibility of the awardee’s pricing with its proposed technical approach, and where the agency erroneously assumed the majority of the awardee’s overhead and G&A are fixed costs and that the awardee would cover their variable costs; and protest challenging […]
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OFPP and Category Management: Pressing the Pause Button

In this commentary, Roger Waldron, president, Coalition for Government Procurement, urges the Office of Federal Procurement Policy to slow its implementation of category management principles for federal buying. Waldron questions OFPP’s statutory authority to require agencies to use best in class contracts, as well as how OFPP will define performance metrics for savings and spend […]
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Company with Multiple Family Owners and Common Investments Does Not Qualify as Small Business;...

Appeal of the Small Business Administration Area Office’s determination of size status is denied, and the size status is affirmed, where the appellant failed to demonstrate a clear fracture between the firm and other family members who shared ownership and their multiple other investments. Quigg Bros., Inc. appealed the Small Business Administration area office’s determination […]
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Agency Not Liable for Negligent Estimate Under Indefinite Quantity Contract; ASBCA No. 59865, Appeal...

Appeal of the agency’s denial of a claim for lost profits is denied, where the government is not liable for an inaccurate estimate of the work to be provided under a task order. ABC Data Entry Systems Inc. appeals the denial of its claim for $36,250 for lost profits, arguing that the U.S. Army Corps […]
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Eye on Affiliation: The Ostensible Subcontractor Rule

A recent decision by SBA’s Office of Hearings and Appeals highlights the importance of avoiding ostensible contractor affiliation when competing for small business set-asides. To avoid a finding of affiliation, small firms should be aware of the type and percentage of work required of the prime contractor; ensure the proposal demonstrates the prime controls the […]
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GAO Cannot Consider Task Order Protest, Even When Awarded for DoD Agency; GAO B-413758.2,...

Protests challenging the exclusion of protesters’ proposals from a competition for the placement of a task order are dismissed, because the Government Accountability Office lacks jurisdiction to consider protests in connection with task and delivery orders valued above $10 million, issued under civilian agency multiple-award indefinite-delivery/indefinite-quantity contracts, even when the task order is awarded on […]
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