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Congressional, Executive, and Legal Developments for Government Contractors to Consider | October 2018
COFC Not Persuaded by Contractor’s “Gestalt” Theory of Constructive Change—Absent Specific Evidence, the Court is not Inclined to Infer the Elements of Constructive Change from the Totality of the Circumstances; COFC No. 12-286C, Northrop Grumman Systems Corporation v. United States
Solicitation Reasonably Informed Offerors Quotations Could be Rejected Based Solely on Evaluation of Price Quotations; GAO B-416600, Java Productions Inc.
October 2018 Bid Protest Roundup
What Happens When Your Contract with the Government is Unenforceable?
Fastest 5 Minutes The Podcast Gov’t Contractors Can’t Do Without
Big Issues for Small Contractors: Small Businesses With No Set-Aside Status
Defense Experts Take Issue With Reps.’ Request for IG Investigation into JEDI
DHS EAGLE III Moving Ahead
Navy Rushes To Check Contractors After Submarine ‘Debacle’
Washington, DC – Litigation Associate (Fox Rothschild)
CICA Override Stay Reasonably Based on Urgent Need, Incumbent’s Ineligibility for 8(a) Award; COFC No. 18-1515C, Safeguard Base Operations LLC v. United States and B&O Joint Venture LLC
Federal Circuit Affirms ASBCA Holding that Miller Act Pay and Performance Bond Requirements are Deemed Incorporated into Construction Contracts via Christian Doctrine; CAFC 2017-2254, K-Con Inc. v. Secretary of the Army
Agency Failed to Weight Most-Important Evaluation Factors, but Protester’s Proposal Still Would Not Have Been in Line for Award; GAO B-416599, Olympus Building Services Inc.
Protester’s Own Discussion Questions Show It Had Information Forming Basis of Protest; GAO B-416989, CDO Technologies Inc.
SBA’s All Small Mentor-Protégé Program Provides Critical Affiliation Exception for Eligible Joint Ventures
GAO: WOSB Set-Asides and Sole Sources are Discretionary, not Mandatory
DoD OIG Audit: What SDVOSBs Need to Know
SBA Reports on Challenges Facing Small Businesses in Federal Procurement
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