Wednesday, December 2, 2020

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Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

In a recent decision, the Armed Services Board of Contract Appeals signaled its willingness to compel contracting officers to issue a final decision on a pending certified claim when the contractor has waited an unreasonable amount of time for a determination. In Volmar Construction Inc., ASBCA concluded the agency did not justify the 10-month lag […]
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Perspecta’s NGEN Protest Denied

The Government Accountability Office has denied Perspecta’s challenge of the $7.7 billion Navy NGEN award that went to Leidos. More at Federal Computer Week
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Feds Propose New FAR for Low-Tier Small Business Subcontracting Credit

Whitcomb Selinsky – The Dept. of Defense (DoD), General Services Administration, (GSA) and the National Aeronautics and Space Administration (NASA) are proposing to revise the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act and regulatory changes made by the Small Business Administration in a  2016 final rule. The primary […]
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Failure to Demonstrate Technical Capability and Relevant Past Performance Results in Nonselection For Printing...

Protest challenging the agency’s evaluation under the technical and past performance factors is denied, where the agency reasonably found the protester’s samples were of poor quality, that its plan for managing subcontractors did not explain how subcontractors would follow the quality assurance plan, and that its past performance references were not relevant. Fattani Offset Printers […]
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Awardee’s Past Performance Projects Aligned with Current Requirement for Security Act Purposes; GAO B-416967,...

Protest challenging the agency’s prequalification of the awardee for an overseas embassy construction project under the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is denied, where the awardee’s previous projects aligned with the work to be performed on the current project and therefore satisfied the requirements of the prequalification notice. GLOTECH Inc. protested the […]
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Don’t Forget the Email Attachment—Protest Denied

A protester recently lost an effort to get an agency to consider a late proposal arguing that it was emailed to the agency on the due date. Even though the quote would have been less expensive than the awardee’s and this was a lowest-price technically-acceptable procurement, GAO denied the protest finding that the email was […]
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Requirement for Secret Facility Clearance Not Unduly Restrictive; GAO B-415976, Apogee Engineering LLC

Protest challenging the terms of an RFP as unduly restrictive of competition is denied, where the agency had a reasonable rationale for requiring both contractors and subcontractors to have a secret facility clearance at the time of proposal submission, and where the agency is not required to alter the RFP to accommodate the protester, whose […]
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The 8(a) Program: Our New Handbook is Available

SmallGovCon – The 8(a) program can be a powerful accelerator for those small businesses eligible to participate; however, these benefits come with substantial strings attached. As such, the fourth volume of the Koprince Law LLC GovCon Handbooks discusses this unique and heavily regulated program. Read the full post at SmallGovCon
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Fastest 5 Minutes: VOSB, Cyber, FOCI News (October 12)

This week’s episode covers VOSB, cyber, FOCI, and OTA news, and is hosted by partners Peter Eyre and David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. More at […]
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What’s Congress Got Planned for Federal Contractors?

When the summary of a bill runs to 90 pages, you know its congressional authors have added lots of goodies for everybody. Indeed they...