Thursday, February 25, 2021

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No Bad Faith Found when Government Does Not Exercise Option; ASBCA No. 60315, Appeal...

The government’s request for summary judgment is granted, and the appeal is denied, where the appellant fails to demonstrate that the government breached the contract or acted in bad faith when it did not exercise an option. Smart Way Transportation Services (SWT) appealed the denial of its claim in the amount of $5,547,248.98 for expenses […]
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Typewritten Signature Insufficient to Certify Claim; ASBCA No. 60022, Appeal of ABS Development Corporation

Agency’s motion to dismiss appeals for lack of jurisdiction is denied, in part, where the claims to the government were signed by an authorized individual to bind the contractor with respect to the claim, even though the individual was employed by the contractor’s parent company; and granted in part, where the contractor’s claim certifications contained […]
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Time for School: Surprise Rule Requires Privacy Training

A new final rule requires prime and subcontractors to provide privacy training to any employees with access to personally identifiable information. Effective January 19, the rule is intended to strengthen privacy protections, but will require contractors to act quickly to implement the training and work with their subcontractors to flow down the requirement. The new […]
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Government Auction Bidders Beware: CBCA Denies Relief to Bidder Whose Bid Price was Driven...

In a recent decision, the Civilian Board of Contract Appeals denied a claim for increased costs in relation to a federal auction in which the agency allowed ineligible buyers to bid. In this case, the appellant bid against a single ineligible bidder in a General Services Administration auction, resulting in higher final bid cost than […]
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SBA Updates Joint Venture Rule to Require Small Business Participants to Receive Profits Commensurate...

The Small Business Administration has issued a correction to a final rule establishing the new governmentwide mentor-protégé program. In a previous correction, SBA amended its 8(a) joint venture rule to state that the 8(a) participant(s) in a joint venture must receive profits from the joint venture commensurate with the work they perform. This correction replaced […]
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Agency Reasonably Downgraded Proposal Based on Inaccuracies Introduced by Protester; GAO B-413735, G. A....

Protest challenging the agency’s technical evaluation is denied, where the protester’s proposal provided inaccurate descriptions of its proposed equipment and called for the replacement of functioning equipment that was not called for in the solicitation. G. A. Braun Inc. protested the Department of Veterans Affairs’ award of a contract for textile processing services to Western […]
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Number of Unacceptable Proposals Does Not Compel Agency to Hold Discussions; GAO B-413890, Coastal...

Protest challenging the agency’s technical evaluation is denied, where the protester’s proposal failed to include information clearly required by the solicitation and the agency reasonably concluded the proposal was technically unacceptable, and protest challenging the agency’s decision not to hold discussions is denied, where agencies have the discretion not to enter into discussions, regardless of […]
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Preference for Federally-Approved Cost Accounting System Not Unduly Restrictive of Competition; GAO B-413559.2, Evolver...

Protest challenging the agency’s solicitation as unduly restrictive of competition is denied, where the agency’s evaluation scoring system reasonably related to its needs to award spots on a governmentwide acquisition contract to vendors who possessed a federally audited and approved cost accounting system and who had performed contracts awarded under the FAR. Evolver, Inc. and […]
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2017 NDAA Establishes Preference For DoD Fixed-Price Contracts

The 2017 National Defense Authorization Act creates a preference for the Department of Defense to use fixed price contracts and requires programs to obtain executive approval of cost-reimbursement procedures for certain high-value acquisitions. Within 180 days for the bill’s enactment, DoD must amend the DFARS to establish a preference for fixed-price contracts, including fixed-price incentive […]
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SBA Rules Change Allows Primes to Receive Credit for Lower Tier Small Business Subcontracting

The Small Business Administration has issued a final rule amending its regulations to allow prime contractors to receive credit for lower-tier subcontracting awards to small businesses. Where a prime contractor has an individual subcontracting plan for a specific prime contract with an executive agency, the prime contractor shall receive credit towards its subcontracting plan goals […]
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