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Civilian Agencies Face New Restrictions for LPTA Procurements Under New FAR Rule

On Behalf of Berenzweig Leonard, LLP | March 22, 2021 | Government Contracts

Earlier this year the Federal Acquisition Regulation (“FAR”) Council issued a final rule, which took effect February 16, 2021, amending the FAR to limit the use of Lowest Price Technically Acceptable (“LPTA”) source selection procedures. Similar to the final rule issued by the Department of Defense (“DoD”) restricting the use…

Federal Circuit Clarifies Protest Timeliness Rules for Obtaining Automatic Stay

by Stephanie Wilson | February 23, 2021 | Government Contracts

The U.S. Court of Appeals for the Federal Circuit’s recent decision in Nika Technologies, Inc. v. United States, reversed a decision by the Court of Federal Claims (COFC) and provided important clarification regarding the timeliness rules for obtaining a stay of contract performance in post-award protests to the Government Accountability…

Offeror’s Failure to Update Government on Changes to Point of Contact Results in Exclusion from Competition

On Behalf of Berenzweig Leonard, LLP | February 22, 2021 | Government Contracts

Out-of-office email responses can make communications easier but they must be updated and kept current. Reliance on an “Away Message” from an offeror’s point of contact (POC) during an on-going solicitation led to the offeror being eliminated from the competition. In the opinion of the Government Accountability Office (GAO), the…

SBA Issues Interim Final Rule on Extension of Participation in 8(a) Business Development Program

by Stephanie Wilson | February 22, 2021 | Government Contracts

On January 13, 2021, the U.S. Small Business Administration (SBA) published an interim final rule that implementing provisions of the Consolidated Appropriations Act, 2021 (Appropriations Act), and the National Defense Authorization Act for Fiscal Year 2021 (NDAA 2021), which authorized certain 8(a) Business Development (BD) program Participants to extend their…

COVID-19 Relief Impact for Government Contractors: PPP Forgiveness, Indirect Rates, & Incurred Cost Proposals

On Behalf of Berenzweig Leonard, LLP | February 1, 2021 | Government Contracts

Guest Author: Robert E. Jones, CPA, CPCM, NCMA Fellow, Left Brain Professionals Background Congress approved multiple COVID-19 relief bills in 2020 to aid businesses and employers struggling with the financial impacts continuing into 2021. The Coronavirus Aid, Relief, and Economic Security Act (CARES) passed in March…

Secrets of FAR – and DFARS

On Behalf of Berenzweig Leonard, LLP | January 25, 2021 | Government Contracts

Where does FAR say that a contracting officer must treat contractors in a fair and equitable way? Where does FAR make contractors part of the “Acquisition Team” and encourage contractors to be involved in the acquisition planning process? Where does FAR deal with the applicability – actually, non-applicability – of…

Federal Court Enjoins Enforcement of Executive Order Limiting Diversity Training

by Stephanie Wilson | January 19, 2021 | Government Contracts

On December 22, 2020, the US District Court for the Northern District of California issued a nationwide preliminary injunction prohibiting the federal government from enforcing portions of Executive Order 13950 (EO 13950), “Combating Race and Sex Stereotyping.” We previously summarized this Executive Order, which bans federal contractors from…

Rocket Docket Taps the Brakes on Various Proceedings Due to Surge in COVID-19 Cases

On Behalf of Berenzweig Leonard, LLP | January 12, 2021 | Rocket Docket

In September, the district courts in the Rocket Docket began to carefully resume operations that had been suspended due to the ongoing COVID-19 pandemic. The courts resumed criminal jury trials using a modified process with altered courtrooms that allowed for sufficient social distancing throughout the entire process (though it did…

New H-1B Regulations Favor Highly-Paid Workers

by Kristin A. Zech | January 11, 2021 | Employment & Labor Law , Immigration Law

On January 8, 2021, the U.S. Department of Homeland Security published its final rule modifying the process by which cap-subject H-1B visas will be allotted.  The H-1B is an employment-based nonimmigrant visa for workers in specialty occupations, which typically require the worker to have at least a bachelor’s degree (or…

GAO Releases FY2020 Bid Protest Statistics

by Stephanie Wilson | January 4, 2021 | Government Contracts

On December 23, 2020, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2020. The Annual Report provides data on the protests filed with the GAO, including a summary of the most common grounds for sustaining protests. GAO received 2,149 cases in FY2020. This figure is relatively…

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