News & Insights

Government Contracts Report – Week of February 17, 2020

VA’s Rule of Two and GSA Leases According to a decision from GAO last month, the VA’s Rule of Two does not require GSA to set-aside lease procurements it conducts on behalf of the VA for veteran-owned businesses. DOD Increases CPSR Dollar Threshold DOD has amended DFARS creating a dollar threshold for contractor purchasing system [..]

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Government Contracts Brief – Week of February 10, 2020

Constructive Waiver Elements Pursuant to guidance outlined in a recent ASBCA decision, federal construction contractors may be entitled to receive additional compensation for time and costs associated with corrections when it is not in strict compliance with the specifications outlined in the contract. The argument: constructive waiver. If the contractor can show that the government [..]

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Government Contracts Article – Week of February 10, 2020

Record Retention Requirements in Government Procurements Government and contractors are required to adhere to certain standards regarding maintenance of any record related to procurements and assistance awards. The regulations and requirements are different whether you are an agency, a contractor, or the recipient of a grant or cooperative agreement. This article will set out, in general, the governing [..]

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Government Contracts Report – Week of February 10, 2020

GSA Schedules Consolidation Update GSA is finally moving toward implementation of the consolidation of its Schedules contracts. In October 2019, it consolidated all of the Schedules into a single solicitation. All new GSA Schedule offers must be submitted and will be awarded under this single solicitation. For existing contractors, GSA a Mass Mod has been [..]

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Government Contracts Brief – Week of February 3, 2020

Implied-In-Fact Contracts at The COFC A recent Court of Federal Claims case reminds us that implied-in-fact contracts (a contract formed by virtue of facts demonstrating the parties intended an agreement) must meet the same requirements as express (written) contracts. Those requirements are: 1) mutuality of intent to contract, 2) lack of ambiguity in offer and [..]

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Government Contracts Article – Week of February 3, 2020

Case Summary: COFC Protests Concerning Issuance of Task Order Modifications May Create a Jurisdictional Bar Under FASA The Case: Akira Technologies, Inc. v. United States, COFC No. 19-1160C (Fed. Cl. Oct. 10, 2019). Background: The U.S. Centers for Medicare & Medicaid Services (“CMS”) issued an IDIQ contract and awarded task orders to Akira and another vendor. CMS modified [..]

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Government Contracts Report – Week of February 3, 2020

Size Status Calculations Change The SBA’s final rule changing the size status annual receipts calculations from a three-year averaging period to five years is now effective. There is a transition period through January 6, 2022 whereby concerns may choose whether to use the three-year or five-year calculation method. OFCCP Updates Compliance Manual The OFCCP has [..]

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Government Contracts Brief – Week of January 27, 2020

GAO and Modifications To Contracts Normally, GAO will not hear a protest based on an allegation of improper modification of a contract; however, it will consider such as a basis of protest if the protestor demonstrates that the modification exceeds the scope of the contract and should have been the subject to full and open [..]

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Government Contracts Article – Week of January 27, 2020

Suspension and Debarment Reference Sheet FAR Subpart 9.4 covers suspension and debarment. Agencies may have their own supplemental regulations. Contractors, subcontractors, and affiliates may be suspended or debarred. Conduct may be imputed from individuals to an entity. If an entity or individual is suspended, debarred, or proposed for debarment, it is excluded from receiving new [..]

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Government Contracts Report – Week of January 27, 2020

DOJ Guidance: Confidential Information Under FOIA In light of the Supreme Court’s ruling in Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019), DOJ recently issued an overview of the impact of the case and a guidance document for agencies that will be helpful to contractors as well. In Argus Leader, the [..]

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