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“No Vaccine, No Service” – Can A Business Require Customers to be Vaccinated?

by Elizabeth Payne-Maddalena | April 8, 2021 | Business Litigation , Employment & Labor Law

As we start to return to normal, many businesses are eager to start the recovery process after surviving 2020. However, many businesses are also keeping in mind the safety of their employees and their customers as capacity limits are eased.  Recently, some businesses floated the idea of requiring all customers…

Only a “Required Debriefing” Extends the GAO Protest Deadline

On Behalf of Berenzweig Leonard, LLP | March 31, 2021 | Government Contracts

Under GAO’s bid protest regulations, a post-award protest must be filed within ten days from the time the protester knew or should have known the basis of the protest. However, if a protestor receives a “required debriefing,” then a protest must be filed within ten days after the date of…

Offerors Must Always Carefully Review the Q&As Before Submitting a Proposal

by Stephanie Wilson | March 30, 2021 | Government Contracts

GAO’s recent decision in Barbaricum, LLC, B-418427.7 (Dec. 11, 2020) highlights the importance of carefully reviewing all Q&As issued as part of a solicitation. The Army Material Command (AMC) issued a solicitation for training support services to provide “special operations forces (SOF) training for counter terrorism, counter narco-terrorism, counter…

Avoiding Problems with Verifying an “Adequate Accounting System”

On Behalf of Berenzweig Leonard, LLP | March 30, 2021 | Government Contracts

One golden rule for contractors trying to win a government contract is “Carefully read the solicitation’s fine print.” This is especially true for an offeror trying to win contracts other than firm-fixed-price contracts. To win cost-reimbursement contracts and task orders, an offeror generally must provide the agency with “verification” that…

Supreme Court Opines on the Deliberative Process Privilege

On Behalf of Berenzweig Leonard, LLP | March 28, 2021 | Government Contracts

There are situations in which a government contractor might want access to documents held by the government. The Freedom of Information Act (FOIA) provides a means to acquire such documents. FOIA requires federal agencies to make records available to the public upon request unless those records fall within one of…

Tips for Obtaining an Effective Required Debriefing

On Behalf of Berenzweig Leonard, LLP | March 28, 2021 | Government Contracts

In this article, we describe the general rules that a government contractor must follow to get an effective “required debriefing.” It is based on our years of government contract experience working with clients who want to get as much information as possible from the government on why they lost a…

Section 3610 of the CARES Act Extended until September 30, 2021

by Stephanie Wilson | March 24, 2021 | Government Contracts

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021, a $1.9 trillion economic stimulus bill to facilitate the recovery from the impact of the COVID-19 pandemic. The Act extended Section 3610 of the CARES Act through September 30, 2021. Section 3610 of the…

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…

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