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GAO: Small Biz Joint Ventures Can Use Member FCLs to Pursue DoD Contracts

Wed, October 13th 2021
In August, the Government Accountability Office (“GAO”) provided a boost for small business joint ventures (“JV”) that are pursuing defense contracts in holding that the plain language of the 2020 National Defense Authorization Act (“NDAA”) prohibits the Department of Defense (“DoD”) “from issuing solicitations that require a joint venture, rather than the members of the...

Safer Federal Workforce Publishes Broad Contractor Guidance on Vaccine Mandate

Tue, September 28th 2021
On Friday, September 24, 2021, the Safer Federal Workforce Task Force (“Task Force”) published its Guidance for Federal Contractors and Subcontractors (“Guidance”). This Guidance follows President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”) and provides definitions, three sections of contractor guidance, and a host of Questions and Answers (“Q&A”)...

FAR Council Publishes Final Rule on Good Faith in Small Business Subcontracting

Tue, August 17th 2021
Last week, the Federal Acquisition Regulation (“FAR”) Council published a final rule amending the FAR to implement a portion of the National Defense Authorization Act for Fiscal Year 2017 (“2017 NDAA”), which requires examples of failure to make good faith efforts to comply with a small business subcontracting plan. The final rule also provides that...

GAO: Price Realism Not Ordinarily Permitted in Fixed-Price Procurements

Fri, August 13th 2021
A recent Government Accountability Office (“GAO”) bid protest decision provides a reminder of when an agency may conduct a price realism analysis in fixed-price contracts. So, the next time you want to challenge a competitor’s low price, remember that agencies are neither required nor permitted to conduct a price realism analysis in a fixed-price procurement...

Preview of the 2021 Legislative Session

Mon, February 1st 2021
MONTGOMERY, Ala., Feb. 1, 2021 — The Alabama Legislature begins its 2021 Regular Session on Feb. 2. Thanks to the Alabama Constitution, everyone has known when this session would begin. But because of the coronavirus pandemic, no one really knows what will happen next. State House Access In a normal year, legislators, legislative staffers, and...

When Your Contingency Plan Is No Longer a Contingency

Fri, April 24th 2020
Department of Defense solicitations require a Mission-Essential Contractor Services Plan when the DoD procures “Essential contractor Service and Mission-essential Functions.” DFARS 252.237-7023. The Plan must address the contractor’s ability to provide mission-essential functions during periods of crisis including, for example, how the contractor will supply the personnel and resources required to maintain continuity of essential...

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