Tuesday, October 26, 2021

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Agency Unreasonably Used Fixed-Price Labor Rates to Conduct Price Realism Analysis for Cost Reimbursement...

Protest challenging agency’s cost realism evaluation is sustained, where the agency used labor rate data from fixed-price contracts to evaluate rates proposed for a cost-reimbursement contract, though the fixed-price rates had never been evaluated for realism and the rates were proposed for geographic areas with lower cost labor markets; and protest that agency unreasonably found […]
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Agency’s Price Realism Analysis Failed to Address Whether Awardee’s Low Pricing was Consistent with...

Protest alleging that agency failed to consider the awardee’s unmitigated organizational conflict of interest is sustained, where the agency’s mitigation plan was generalized and did not consider whether an award to the awardee would create an OCI, and where the agency failed to document its consideration of an impaired objectivity OCI identified by the awardee […]
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GAO Denies Protest Challenging Multi-Billion Dollar TRICARE Award

The Government Accountability Office has denied UnitedHealthcare’s protest challenging the Department of Defense’s award of contracts for the East and West TRICARE regions. Last summer, DoD awarded a contract for the TRICARE West region to Health Net Federal Services, and a contract for the new East region—which consolidated the North and South regions—to Humana Government […]
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10-Day Deadline for Automatic CICA Stay Begins When Protester is Notified of Award and...

Request for an injunction directing the agency to institute an automatic stay of performance under the Competition in Contracting Act pending the resolution of a bid protest before the Government Accountability Office is granted, where the protester filed its challenge within 10 days of the notice of award, and where the agency failed to demonstrate […]
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The CPARS Process: Engage Early and Often

In the recent case of Colonna’s Shipyard Inc., the Armed Services Board of Contract Appeals clarified the boundaries of its jurisdiction over disputes between the government and contractors regarding the Contractor Performance Assessment Reporting System process. CPARS can be a very frustrating and confusing system for a contractor to navigate, and CPARS claims are particularly […]
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North District of California Misconstrues Express False Certification Liability

This summer, the Northern District of California issued an opinion in that expanded the theory of express false certification to a startling degree. Ruling on a motion to dismiss in U.S. ex rel. Dresser v. Qualum Corp., the court held that the defendants, owners and operators of a sleep clinic and a DME company, could […]
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DoD Proposes to Update Grant and Cooperative Agreement Regulations

The Department of Defense’s new proposed rules will update, standardize, and clarify the DoD Grant and Agreement Regulations for both DoD administrators and award recipients. Because the proposed rules seek the inclusion of standard terms and conditions in DoD grants and cooperative agreements, in addition to defining certain key acquisition terms, they could potentially impact […]
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Aerospace Parts Manufacturer Pays $2.7 Million to Settle Lawsuit Alleging it Failed to Perform...

Aerospace parts company Air Industries Corporation has paid the United States $2.7 million to resolve allegations that it falsely certified it had performed required inspections on aerospace parts used in military aircraft, spacecraft and missiles used by the Department of Defense. The government alleged that AIC, which manufactures and distributes bolts, screws and aerospace fasteners, had falsely […]
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DOD Plans to Adjust Offerors’ Prices to Account for Independent Research & Development Efforts

A new proposed rule would amend the DFARS to require Department of Defense contracting officers to adjust offerors’ proposed prices and estimated costs when their proposals rely on the fruits of their independent research & development efforts. The proposed adjustment would be based on the amount that such future IR&D investments reduce the price of […]
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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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