Tuesday, April 13, 2021

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Legal developments and insights for the government contracts community.

Congress    Regulations   Claims   Protests    Commercial Items   Analysis

Agency Reasonably Rejected Proposal Due to “Generic and Aspirational” Management Approach that Lacked Detail;...

Protest challenging the evaluation of the protester’s management approach is denied. The agency found the protester’s management approach did not describe how the protester...

Protester Not Entitled to Costs for Any of Its Four Related Protests; Apex Transit...

Request for reimbursement of protest costs is denied. The protester had filed four protests related to the same procurement. In response to most of...

ASBCA Declines to Consider Theories Not Asserted in the Underlying Claim; Appeal of Blanchard’s...

Government’s motion to dismiss for lack of jurisdiction is granted. On appeal that contractor asserted two new theories. The board found that these theories...

Untimely Agency Protest Dooms Subsequent GAO Protest; Rotair Aerospace Corporation, GAO B-419570

Protest is dismissed as untimely. The protester filed an agency protest challenging the terms of the solicitation. The agency dismissed the protest as untimely...

SBA’s Plans For New Rules in 2021 and Beyond

Koprince Law - SBA has issued its regulatory agenda for what rules it plans to roll out later this year. Here is a rundown...

Contractors and Cheddar: Paying Employees under the Service Contract Act

Schoonover & Moriarty - In addition to wage statutes applicable to all employers, government contractors must also abide by other prevailing wage statutes. The...

Government Contractors Impacted by Maryland’s New Sales Tax on Digital Products

Aronson - Maryland’s sales and use tax was recently expanded to include the taxation of “digital products.”  Despite the sale of products or services...

A Big Goof By the Government Isn’t Enough to Sustain this Bid Protest

Even if the government releases confidential information about an incumbent contractor during a recompete, too bad. It’s not enough to sustain a protest. That’s...

Biden Proposes Major Spending Boost for Civilian Agencies in Fiscal 2022

The administration is requesting a 16% increase in non-defense discretionary funding to harness the government's power to solve multiple crises.

Contractor Can’t Claim Defective Specifications When It Did Not Fully Comprehend or Comply with...

Appeal alleging defective specifications and constructive change is denied. A contractor can only recover on a defective specification claim if they relied on the...

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