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GAO Annual Bid Protest Report 2021

Legal Services Government Contracts Law Bid Protests Contract Claims & Disputes Government Contracts Litigation Service Contract Labor Standards Small Business Subcontracting Subcontracts & Teaming Agreements Terminations, Suspensions, and Debarment Buy American Act & Trade Agreements Act Other Transaction Authority (OTA) Litigation, Bid Protests, Claims and Disputes Bid Protests Commercial Litigation Employment Litigation Government

Cybersecurity Program Maturity

Legal Services Government Contracts Law Bid Protests Contract Claims & Disputes Government Contracts Litigation Service Contract Labor Standards Small Business Subcontracting Subcontracts & Teaming Agreements Terminations, Suspensions, and Debarment Buy American Act & Trade Agreements Act Other Transaction Authority (OTA) Litigation, Bid Protests, Claims and Disputes Bid Protests Commercial Litigation Employment Litigation Government

The New Federal IoT Security Law

Legal Services Government Contracts Law Bid Protests Contract Claims & Disputes Government Contracts Litigation Service Contract Labor Standards Small Business Subcontracting Subcontracts & Teaming Agreements Terminations, Suspensions, and Debarment Buy American Act & Trade Agreements Act Other Transaction Authority (OTA) Litigation, Bid Protests, Claims and Disputes Bid Protests Commercial Litigation Employment Litigation Government

JKB Solutions and Services, LLC v. United States

Legal Services Government Contracts Law Bid Protests Contract Claims & Disputes Government Contracts Litigation Service Contract Labor Standards Small Business Subcontracting Subcontracts & Teaming Agreements Terminations, Suspensions, and Debarment Buy American Act & Trade Agreements Act Other Transaction Authority (OTA) Litigation, Bid Protests, Claims and Disputes Bid Protests Commercial Litigation Employment Litigation Government

Centre Law & Consulting

Centre Law & Consulting

GSA To Implement DocuSign

GSA Alerts GSA Implements DocuSign to Digitally Sign Documents. Effective November 30, 2020, GSA will implement DocuSign to digitally sign documents. It is planned that DocuSign will replace digital certificates with GSA FAS ID in eOffer and eMod in late Q2 (April-June) of FY21. Please be aware o

Centre Law & Consulting

Centre Law & Consulting

2 New Funding Thresholds

Effective 8/31/20 there are two new funding thresholds for federal contractors to be aware of. 1) The micro-purchase threshold (MPT) is raised from $3,500 to $10,000. 2) The increase of the Simplified Acquisition Threshold (SAT) from $150,000 to $250,000. The proposed rule effecting this change, published October 2, 2019, permitted agencies to issue deviations to the MPT and SAT to increase the thresholds. This final rule changes the FAR definitions for these terms found at FAR 2.101. The po

GSA Advantage Catalogs Deadline Extended

GSA ALERT – As of yesterday (Oct 1st, 2020) , the GSA announced they will extend the deadline for industry to update GSA Advantage catalogs to March 31, 2021. The GSA had been contacting all schedule holders advising them to update their GSA Advantage catalogue(s) by October 31, 2020 to reflect acceptance of the GSA MAS consolidation from Mass Mod A812. Vendors awarded a GSA MAS contract are required to submit (via SIP or EDI) an updated GSAAdvantage catalog with the new Schedule number (MAS)

Challenge To Multi-Billion Dollar Jedi Cloud Solicitation Fails

By Hon. Jack Delman Last week, the Federal Circuit rejected a protest filed by Oracle that challenged the legality of the multi-billion dollar Defense Department JEDI Cloud solicitation.  An overview of the key issues follows. THE SOLICITATION The DOD issued a solicitation known as the Joint Enterprise Defense Infrastructure (JEDI) Cloud procurement.  The solicitation contemplated a single award for a ten-year IDIQ contract for the provision of enterprise-wide cloud computing services. The s

Centre Law & Consulting

Centre Law & Consulting

Challenge To Multi-Billion Dollar Jedi Cloud Solicitation Fails

By Hon. Jack Delman Last week, the Federal Circuit rejected a protest filed by Oracle that challenged the legality of the multi-billion dollar Defense Department JEDI Cloud solicitation.  An overview of the key issues follows. THE SOLICITATION The DOD issued a solicitation known as the Joint Enterprise Defense Infrastructure (JEDI) Cloud procurement.  The solicitation contemplated a single award for a ten-year IDIQ contract for the provision of enterprise-wide cloud computing services. The s

Centre Law & Consulting

Centre Law & Consulting

A Reminder From the GAO That Corrective Action Is Not The End Of The Road

By Edward W. Bailey, A recent decision from the GAO serves as an important reminder to contractors that, while agencies typically have broad discretion in determining the scope of any corrective actions they take, contractors may nonetheless challenge an agency’s corrective action if its scope is unreasonably narrow. In Matter of: Peraton Inc., B-416916.8, Peraton challenged the State Department’s award of a task order to a competitor on a number of grounds including that the letters of commit

Centre Law & Consulting

Centre Law & Consulting

A Reminder From the GAO That Corrective Action Is Not The End Of The Road

By Edward W. Bailey, A recent decision from the GAO serves as an important reminder to contractors that, while agencies typically have broad discretion in determining the scope of any corrective actions they take, contractors may nonetheless challenge an agency’s corrective action if its scope is unreasonably narrow. In Matter of: Peraton Inc., B-416916.8, Peraton challenged the State Department’s award of a task order to a competitor on a number of grounds including that the letters of commit

Centre Law & Consulting

Centre Law & Consulting

Federal Agencies Continued to Exceed Small Business Contract Goals for Fiscal Year 2019

Written by: Heather Mims, Associate Attorney, Centre Law & Consulting Each year, the Small Business Administration (SBA) publishes an annual scorecard to assess how well federal agencies are performing against their small business and socio-economic prime contracting and subcontracting goals. In addition to reporting agency-specific progress, the scorecard provides accurate and transparent contracting data. The SBA works with each agency specifically to set their prime and subcontracting g

Federal Agencies Continued to Exceed Small Business Contract Goals for Fiscal Year 2019

Written by: Heather Mims, Associate Attorney, Centre Law & Consulting Each year, the Small Business Administration (SBA) publishes an annual scorecard to assess how well federal agencies are performing against their small business and socio-economic prime contracting and subcontracting goals. In addition to reporting agency-specific progress, the scorecard provides accurate and transparent contracting data. The SBA works with each agency specifically to set their prime and subcontracting g

GAO to Incumbents: You Still Have to Submit a “Well-Written Proposal”

By David Warner, In XTec, Inc., B-418619 (July 2, 2020), the GAO rejected the incumbent contractor’s assertion that the Department of State erred in assessing technical weaknesses that were at odds with the agency’s purported familiarity with XTec’s solution given its performance of the incumbent contract. The GAO decision is a reminder for federal contractors suffering from “incumbent-itis” that agency knowledge of the contractor is no substitute for compliance with solicitation requirements a

GAO to Incumbents: You Still Have to Submit a “Well-Written Proposal”

By David Warner, In XTec, Inc., B-418619 (July 2, 2020), the GAO rejected the incumbent contractor’s assertion that the Department of State erred in assessing technical weaknesses that were at odds with the agency’s purported familiarity with XTec’s solution given its performance of the incumbent contract. The GAO decision is a reminder for federal contractors suffering from “incumbent-itis” that agency knowledge of the contractor is no substitute for compliance with solicitation requirements a

GSA Allows Contactors to select SIN subgroups

By JW Butler Effective August 1, 2020, the General Services Administration (GSA) has provided contractors the ability to update their offering classifications by adding subgroups for products and services under specific Special Item Numbers (SINs). Under the GSA MAS, SINs play a critical role in the organization of vendors and their offerings. SINs serve to clarify the product and services offered by specific vendors. Subgroups allow contractors to better classify where their offerings fit wit

GSA Allows Contactors to select SIN subgroups

By JW Butler Effective August 1, 2020, the General Services Administration (GSA) has provided contractors the ability to update their offering classifications by adding subgroups for products and services under specific Special Item Numbers (SINs). Under the GSA MAS, SINs play a critical role in the organization of vendors and their offerings. SINs serve to clarify the product and services offered by specific vendors. Subgroups allow contractors to better classify where their offerings fit wit

Contracting in the Time of Coronavirus

Written by: Heather Mims, Associate Attorney, Centre Law & Consulting As we’ve previously written, COVID-19 funding for government contractors is fraught with enforcement and audit risks (while False Claims Act penalties continue to increase). To document this funding, the Government Accountability Office (“GAO”) recently issued a report to Congress titled COVID-19: Opportunities to Improve Federal Response and Recovery Efforts. In the Report, the GAO gathered available obligation and expen

Contracting in the Time of Coronavirus

Written by: Heather Mims, Associate Attorney, Centre Law & Consulting As we’ve previously written, COVID-19 funding for government contractors is fraught with enforcement and audit risks (while False Claims Act penalties continue to increase). To document this funding, the Government Accountability Office (“GAO”) recently issued a report to Congress titled COVID-19: Opportunities to Improve Federal Response and Recovery Efforts. In the Report, the GAO gathered available obligation and expen

WOSB Rules and Musings from a Different Time

By Barbara Kinosky, I finally retrieved my dry cleaning that I had deposited at the cleaners in March.  Then Virginia shut down with my dry cleaning hostage in a remote dry cleaning storage location.  I was reunited with my clothing this month, but my suit looked like an artifact from another era.  It was like retrieving a time capsule of clothing that contained zippers and buttons and had “dry clean only” labels.  There were no elastics of any kind.  What will the business future look like? Wi

WOSB Rules and Musings from a Different Time

Written by: Barbara Kinosky, Managing Partner, Centre Law & Consulting I finally retrieved my dry cleaning that I had deposited at the cleaners in March.  Then Virginia shut down with my dry cleaning hostage in a remote dry cleaning storage location.  I was reunited with my clothing this month, but my suit looked like an artifact from another era.  It was like retrieving a time capsule of clothing that contained zippers and buttons and had “dry clean only” labels.  There were no elastics of
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