News & Insights

Government Contracts Report – Week of March 23, 2020

Court of Federal Claims Rules on TAA The Court of Federal Claims recently issued a ruling that will now allow companies to source products from non-TAA countries. The Court held that the components of a drug being sold to the VA had nothing to do with its country of origin when determining whether it was [..]

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Government Contracts Brief – Week of March 16, 2020

Corrective Action And Timeliness In GAO Protests GAO recently denied a protest as untimely related to an agency’s corrective action. The unsuccessful offeror filed a protest, which was denied as academic due to the agency taking corrective action. The agency made the scope of the corrective action clear to the protestor. The corrective action notice date was September [..]

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Government Contracts Report – Week of March 16, 2020

WOSB and EDWOSB Soon No Longer Self-Certified Women-Owned Small Businesses (WOSBs) and Economically Disadvantaged WOSBs (EDWOSBs) will soon no longer be able to self-certify. The SBA is finally putting into effect a requirement from the 2015 NDAA eliminating self-certification for these small business classifications. Once the governing regulations are final and effective (expected this summer), WOSBs and EDWOSBs [..]

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Government Contracts Brief – Week of March 9, 2020

Recovering Protest Costs At GAO When An Agency Takes Corrective Action A protestor at GAO has two avenues of redress for recovering the costs of pursuing its protest when the agency decides to take corrective action. It may ask GAO to recommend the agency reimburse the costs and if the parties cannot reach an agreement on the amount [..]

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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 [..]

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Government Contracts Brief – Week of March 2, 2020

BPA’s Against FSS Contracts Must Consider Price GAO recently sustained a protest that is a good reminder that when establishing a BPA against an FSS contract, the agency must consider price. While a Schedule contract satisfies an agency’s requirement for full and open competition, FAR subpart 8.4 requires that an evaluation of lowest cost to [..]

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Government Contracts Article – Week of March 2, 2020

Case Summary: Federal Circuit Issues Ruling Impacting The TAA The Case: Acetris Health, LLC v. United States, 2020 WL 610487 Background: Acetris Health sold (and wanted to sell more of) a hepatitis drug to the VA that the VA considered non-TAA compliant because the active ingredient in the drug was from India, which is not [..]

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Government Contracts Report – Week of March 2, 2020

Foreign Military Sales Contract Type Waiver Until December 31, 2020 (unless otherwise amended), contracting officers are not required to use firm-fixed-price contracts for foreign military sales in accordance with Defense Federal Acquisition Regulation Supplement 225.7301-1. Grants, Cooperative Agreements, and Loans Now Part of Prohibition on Use of Certain Equipment and Services From China The Office [..]

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Government Contracts Brief – Week of February 17, 2020

Correcting a Defective CDA Certification Two decisions last year, one from the ASBCA and the other from the Federal Circuit, clarified that defective CDA certifications may be corrected so long as the correction is made prior to a decision being issued. Importantly, the Federal Circuit case indicated a defect in certification may be corrected even [..]

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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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