Department of Defense Increases the Justification and Approval Threshold for Its Sole-Source Contract Awards to 8(a) Contractors to $100 Million

Posted on July 27, 2020
On June 5, 2020, the Department of Defense (DoD) amended the DoD Federal Acquisition Regulation Supplement (DFARS) to implement Section 823 of the FY 2020 National Defense Authorization Act. Section 823 increases the threshold for DoD justification and approval (J&A) for certain 8(a) program sole-source awards and provides that the approving authority for any...
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Interim Rule Implements Ban on Contractors Using Covered Telecommunications Products and Services from Certain China-Based Companies

Posted on July 22, 2020
On July 10, 2020, the FAR Council issued a prepublication version of  an interim rule implementing Section 889(a)(1)(B) of the FY 2019 National Defense Authorization Act. The interim rule prohibits federal executive agencies from contracting with entities that use covered telecommunications products and services from certain Chinese companies like Huawei Technologies Company or ZTE...
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ASBCA Recognizes New Legal Theory Which Makes It Easier For Contractors To Win CDA Claims Against the Government: Negligent Negotiations By The Government Pre-Award Can Lead To Reformation And Equitable Adjustment After Award

In a groundbreaking decision, Appeal of Chugach Federal Solutions, Inc., ASBCA No. 61320, the ASBCA recognized that “negligent negotiations” on the part of the government during a proposal evaluation were grounds for the contractor to claim an equitable adjustment under the Contract Disputes Act (CDA). The FAR requires the government to conduct meaningful discussions...
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Virginia Becomes First State to Adopt Statewide Emergency Workplace Procedures Amid COVID-19 Pandemic

Posted on July 16, 2020
On July 15, 2020, Virginia adopted § 16 VAC 25-220, Emergency Temporary Standard, and Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19. The Emergency Temporary Standard, which was drafted under the direction of Virginia Governor Ralph Northam and approved by the Virginia Safety and Health Codes Board, requires Virginia employers to: Mandate social distancing...
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Virginia Government Contractor Facing Federal Indictment for Allegedly Selling Chinese-Made Products to US Government

On July 6, 2020, a federal grand jury returned an indictment charging Arthur Morgan, of Lorton, Virginia, with federal wire fraud charges. Morgan is the Chief Executive Officer (CEO) of Surveillance Equipment Group, Inc. (SEG). SEG, through Morgan, entered into General Services Administration (GSA) contracts with the federal government to provide helmets, body armor,...
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Ward & Berry PLLC Opens Office in Austin, Texas

Posted on July 9, 2020
Ward & Berry PLLC, a D.C. boutique law firm with deep experience serving government contractors and technology companies, has expanded its services to include launching an Austin, Texas office to capitalize on Austin becoming the intersection of technological innovation and government procurement.  Alan Apple has joined the Ward & Berry team in Austin to...
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