Thursday, February 25, 2021

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ASBCA Shoots Down DCAA Overreach on Responsibility to Manage Subcontractors

In a recent decision, the Armed Services Board of Contract Appeals denied a Defense Contract Audit Agency claim against Lockheed Martin which sought reimbursement of $103 million in unsupported subcontractor costs. DCAA argued Lockheed’s contractual obligation to manage its subcontractors extended to ensuring the qualifications of subcontractor personnel, reviewing the subcontractor’s timesheets, and sought incurred […]
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Contracting by Tweet: What Impact Can the New Administration Have on Existing Contracts and...

With the next administration already paying close attention to large defense contracts, some question whether a president has the authority to modify existing agreements or direct the award of future contracts, and what legal remedies may be available to contractors if a president forces a particular outcome. Government must abide by its legal obligations, as […]
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DHS Proposed Rule Strengthens Safeguarding of Controlled Unclassified Information

A new proposed rule would amend the Department of Homeland Security Acquisition Regulation to address requirements for the safeguarding of Controlled Unclassified Information. The proposed rule identifies CUI handling requirements as well as incident reporting requirements, including timelines and required data elements. The proposed rule also includes inspection provisions and post-incident activities and requires certification […]
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DHS Proposes to Streamline Contractor Privacy Training Requirements

The Department of Homeland Security is proposing to amend its regulations to add language requiring contractors to complete training that addresses the protection of privacy, in accordance with the Privacy Act of 1974, and the handling and safeguarding of Personally Identifiable Information and Sensitive Personally Identifiable Information. DHS contracts currently require contractor and subcontractor employees […]
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DHS Proposed Rule Adds Information Technology Security Awareness Training

The Department of Homeland Security has issued a proposed rule that would add language to the Homeland Security Acquisition Regulation that would standardize information technology security awareness training and DHS Rules of Behavior requirements for contractor and subcontractor employees who access DHS information systems and information resources or contractor-owned and/or operated information systems and information […]
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DOT Extends Contracting Initiative

The Department of Transportation is extending a pilot program under which recipients and sub recipients of Federal Highway Administration and Federal Transit Administration funding can utilize contracting requirements that generally have been disallowed due to concerns about their adverse effect on competition. To date, DOT has received only limited data from the program and so […]
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Agency’s Response to Supplemental Protest Grounds Timely, Despite Link to Initial Protest; GAO B-412860.3,...

Request for reimbursement of protest costs is denied, where the protester’s initial protest grounds amounted to mere disagreement with the agency’s adjectival evaluation ratings and were not clearly meritorious, and where the agency promptly took corrective action in response to a supplemental protest, even though the grounds of the secondary protest were related to the […]
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Agency Required to Refer Small Business for SBA COC Review When Proposal is Found...

Request for a recommendation that the agency reimburse the protester the costs of filing and pursuing two protests is granted, where the agency failed to address the clearly meritorious grounds of the protester’s first challenge, despite holding discussions and evaluating revised proposals, and where the agency twice found the protester’s proposal to be technically unacceptable […]
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Solicitation’s Redaction Requirement Explicit and Mandatory, Not Minor Informality; COFC No. 16-81C; Strategic Business...

Protest challenging the exclusion of the protester’s proposal from consideration for award is denied, where the contractor did not comply with a solicitation direction that certain proposal information be redacted, and where this requirement was not a minor informality the agency was required to allow the contractor to correct. Strategic Business Solutions Inc. challenged the […]
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Contract for Fabrication and Assembly of Deliverable Required Vendor to Obtain Missing Parts; ASBCA...

Appeal of the agency’s denial of a claim for the full cost of a fixed-price contract terminated for convenience is denied in part, where the appellant failed to deliver a fully functional deliverable, though contract explicitly required the contractor to identify and provide parts required for repairs and to fully complete the projects; and granted […]
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