In Re: Teledyne Brown Eng’g Inc.,- Appearances Are Important! Even Appearance of a Conflict of Interest is Enough to Taint a Contract
In this case, Teledyne Brown Engineering, Inc. (“TBE”) protested an award to SGT, LLC by NASA. The contract was for acquiring ground systems and operations services at Marshall Space Flight Center (“MSFC”). TBE protested the award for multiple reasons stating that NASA engaged in an unreasonable and unfair manner, but most importantly had a...
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Assessing Contractor Implementation of Cybersecurity Requirements
The Department of Defense (“DoD”) implemented a new Interim Rule on November 30, 2020 – Assessing Contractor Implementation of Cybersecurity Requirements. This rule serves as an amendment to the Defense Regulation Supplement (“DFARS”) clause 252.204-7012 and implements a new Assessment Methodology and Cybersecurity Maturity Model Certification Framework. Essentially, the DoD is revamping their cybersecurity...
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Successful Strategies for Navigating Small Business Set-Asides
Join Partner Timothy Furin as he covers successful strategies for navigating small business set-asides in the GovConn Webinar Wednesday series! watch?v=x-7kXCHEYLk&feature=youtu.be
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SBA Mentor-Protégé Program Consolidation
On October 16, 2020, the U.S. Small Business Administration (“SBA”) published its final rule merging the 8 (a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program to eliminate confusion and remove unnecessary duplication of functions within the SBA. This is part of a government-wide regulatory reform initiative to review regulations and determine...
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ASBCA Jurisdiction and the “Suspicion” of Fraud: Government Overreach Held in Check
In the Appeal of Mountain Movers/Ainsworth-Benning, LLC, ASBCA No. 62164, the Armed Services Board of Contract Appeals (the “Board”) recently denied a Government motion to dismiss holding that once the Board was vested with jurisdiction, the contracting officer could not divest it of jurisdiction by his unilateral action of withdrawing the contracting officer’s final...
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Department of Defense Increases the Justification and Approval Threshold for Its Sole-Source Contract Awards to 8(a) Contractors to $100 Million
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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