FAR Council Implements Interim FAR Rule Prohibiting Contractor Use of Chinese Telecom Products

The FAR Council recently moved forward with implementing provisions of Section 889(a)(1)(B) of the 2019 NDAA through an interim rule. This rule, effective August 13, 2020, furthers the work begun previously of separating the federal government and its contractors from certain Chinese telecom and video surveillance companies.

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GAO Holds that Protest Was Late Despite Post-Debriefing Questions

Some contractors mistakenly believe that debriefings or post-debriefing questions always extend the deadline for filing a protest with GAO. In some cases they do, but in others they don’t. In cases where they don’t, a protester must file its protest within 10 days of knowing the basis for its protest. Otherwise, GAO will dismiss the protest as untimely, without any regards to the protest’s merits.

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GAO: Single Instance of Disparate Treatment Prejudiced Protester

A GAO protest can rest on a number of different grounds. One of the most fertile, however, is disparate treatment. That is, GAO is particularly sensitive to arguments that a procuring agency wasn’t even-handed in evaluating the same features or omissions in competing proposals.

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Despite Your Interest in a Protest, GAO Might Not Think You’re an “Interested Party”

Let’s suppose that you just received a new solicitation hot off the press. As you peruse it, you find a requirement that you believe is too onerous or unnecessary. So you contemplate filing a GAO protest to challenge that term. Before doing so, be sure that you’re an “interested party” under GAO’s regulations. Well, I filed a protest, you say, doesn’t that ipso facto make me an interested party? Short answer: no.

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Want to Recover Increased Costs Caused by an Epidemic? Look at Your Contract!

Contractors in the COVID-19 era may be tempted to think that the Government will compensate them for increased costs caused by virus-induced shutdowns, quarantines, and the like. And this line of thought has some inherent appeal. After all, the virus was entirely unforeseen by both parties when the contract was inked. So shouldn’t the customer–the party wanting the good or service–bear the risk of these extraordinary events?

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CAAC Recommends Class Deviation to Accelerate Payments to Small Business Contractors

In the ongoing effort to minimize the effects of COVID-19, the Civilian Agency Acquisition Council (CAAC) has recommended that agencies implement a class deviation to accelerate payments to small business prime contractors to prime contractors with small business subcontractors.

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Federal Circuit Blesses Disparate Evaluation Standard Used by COFC in Bid Protests

In any legal action, it’s critical to understand the standard that the tribunal applies to a claim. Until now, the Federal Circuit–an intermediate federal appeals court immediately below the U.S. Supreme Court–had not articulated the standard for disparate evaluation claims in bid protests. Though not groundbreaking, a recent case provides clarity for attorneys and litigants alike.

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