Government Contracts Report – Week of March 9, 2020

CMMC Model v1.0 Released

No doubt one of the biggest developments in procurement contracting right now is the CMMC. The various draft versions were released, assessor training is underway, and now DoD has released CMMC Model v1.0 outlining the full framework for moving forward with its “cyber hygiene” requirements.

Federal District Court Says It Has No Jurisdiction Over OTA Protest

The U.S. District Court for the District of Arizona recently ruled on whether federal district courts have jurisdiction to hear protests by unsuccessful bidders in a procurement using an other transaction agreement. The Court determined that it lacked subject matter jurisdiction (based on the arguments of intervenors) and dismissed the case, likely foreclosing the disappointed bidder’s ability for redress. The decision serves as a reminder of the lack of legal clarity around OTA’s, especially protest issues. The case is MD Helicopters Incorporated v. United States of America et al. (2:19-CV-02236).

Limitations On Subcontracting Waiver For Small Businesses

Effective as of December 30, 2019, small businesses are no longer subject to the limitations on subcontracting rule for cloud computing services on set-aside contracts, provided the small business will perform other services that are the primary purpose of the procurement. Meaning, if the small business does not perform cloud computing services, but will perform the services that comprise the principle purpose of the procurement, it may subcontract the cloud computing services portion of the procurement to large businesses without the constraints of the limitations on subcontracting percentage requirement.

 

Attorney Kristi Morgan AronicaOur government contracts briefs, reports, and articles are published by Attorney Kristi Morgan Aronica. She serves as counsel to government contractors and subcontractors throughout Texas and nationally.