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Bloomberg Law: Michelle Litteken Comments on Agencies Stopping Performance of Protested Government Contracts
The Competition in Contracting Act requires agencies to stay performance of contracts protested at GAO. But agencies may authorize performance anyway by issuing an override after a written finding that immediate performance either serves the best interests of the U.S., or if urgent and compelling circumstances require it. Judges at the Court of Federal Claims have taken varying approaches when reviewing an override decision, and the Court of Appeals for the Federal Circuit has not articulated a specific standard of . . . Read More
Bloomberg Quotes Nichole Atallah: Trump Rescinds Obama Order Prioritizing Federal Contract Workers
On October 31, 2019, President Donald Trump rescinded an executive order issued by former President Barack Obama that put existing federal contract workers at the front of the line for jobs on the next contract. Executive Order 13,495 . . . required qualified workers on a federal service contract who would otherwise lose their jobs as a result of the completion or expiration of a contract be given the right of first refusal for employment with the successor contractor, according to a fact . . . Read More
BLOG: Small Talk: SBA Size Calculation for Government Contractors
With changes to size standards this year based on inflation estimated to enable 89,730 firms to gain small business status, annual size recertification requirements , and potentially severe penalties for misrepresentation of size, it is essential that government contractors calculate their size correctly and keep their System for Award Management profile up to date. This is often daunting, as size standards differ by industry and, depending on your industry and the procurement you are pursuing, you may have to calculate your size with . . . Read More
“Past Performance” of Government Contractors: Obtaining It, Using It, and Defending It
Presented by Katie Flood and Sam Finnerty . Click here to view the recorded session. A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate past performance. As such, it is critical that companies working with the federal government understand not only what steps they should take to cultivate and utilize positive past performance, but also the steps they should . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – October 29, 2019
If you have questions concerning the content below, please visit this link . NATIVE AMERICAN LAW Emerging Issues in Native 8(a) Contracting The House Committee on Small Business, Subcommittee on Investigations, Oversight, and Regulations held a hearing titled, “Native 8(a) Contracting: Emerging Issues.” Recognizing the positive impact that the Small Business Administration’s (SBA) 8(a) program could have on tribal communities living in devastating poverty with little to no economic opportunity, Congress created the exceptions in the law for enterprises owned communally by tribes, Alaska . . . Read More
BLOG: Microsoft Upsets Amazon in Winner-Take-All Award of Defense Department’s JEDI Contract
On October 25, 2019, the Department of Defense (“DoD”) issued an award of its $10 billion Joint Enterprise Defense Infrastructure (“JEDI”) cloud computing contract to Microsoft, beating out Amazon Web Services (“AWS”), the long-time favorite to receive the award. DoD’s decision has come as a shock to most federal procurement experts and cloud service providers (“CSPs”), as many believed JEDI was tailor-made for AWS based on the contract’s advanced technical standards, as well as its stringent security certification requirements. The . . . Read More
Government Matters Interviews PilieroMazza’s Lauren Brier on JEDI Cloud Contract Award
Oracle’s bid protest criticizing the Pentagon’s procurement process for the $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud system contract could set the stage for future additional protests. On Sunday, October 27, 2019, Government Matters interviewed PilieroMazza ‘s Lauren Brier on the JEDI contract and its potential impact on federal procurement and the IT industry. Ms. Brier, a member of the Firm’s Government Contracts Group , was joined by fellow panelists Stan Soloway, President and CEO of Celero Strategies and Roger Waldron, President of The Coalition . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – October 22, 2019
If you have questions concerning the content below, please visit this link . LABOR & EMPLOYMENT LAW DoL Collected a Record Amount in Discrimination Settlements in Fiscal Year 2019 According to Bloomberg Government, the Department of Labor (DoL) collected more than $27 million from federal contractors like Goldman Sachs, Dell, and Bank of America in fiscal year 2019 workplace discrimination settlements—a new record for the agency. Bloomberg Law indicated that settlement totals, which include back pay and interest for job applicants and workers, increased by . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – October 17, 2019
If you have questions concerning the content below, please visit this link . LITIGATION & DISPUTE RESOLUTION The Supreme Court Clarifies Vague Arbitration Clauses Affecting Class Disputes for Growing Businesses, October 10, 2019, Patrick Burns For most small to medium-sized businesses, the threat of a class action is not usually front-of-mind. However, as a business grows, the threat can increase depending on the number of employees and the nature of the work being performed. Class actions are commonly thought of as involving hundreds, if not . . . Read More