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ISSUES OF INTEREST: UPDATES FROM THE GOVERNMENT SOLUTIONS GROUP

The Firm's Government Solutions Group assists clients in the defense, technology, and space industries in navigating the appropriate legal and regulatory regimes at the federal, state, and local levels. Our attorneys, some of whom are former military officers or government attorneys, have the specialized understanding and experience to address the full spectrum of regulatory challenges and market opportunities that our clients face in these dynamic industry sectors. These alerts are released monthly in conjucture with the Government Solutions Webinar Series, presented by Andy Watson and Jon Levin.

In The News:

The Small Business Administration Office of Hearing and Appeals recently upheld the disqualification of a joint venture based on a mentor-protégé agreement that had lapsed at the time the JV made its offer. OHA ruled against the JV’s argument that SBA must take affirmative steps to terminate the agreement. OHA sided instead with the SBA, holding that the mentor-protégé agreement must be valid as of the JV submitted its initial offer. North Star Magnus Pacific Joint Venture, SBA No. SIZ-5715. To Read More>>

The Armed Services Board of Contract Appeals held that the Army was not on the hook for a company’s employee termination costs when it decided not to exercise the final option period of a fixed price contract. The Board noted that an option does not obligate the government. The Board further noted that the fact that the contract was fixed price places compliance risk on the contractor. SupplyCore, Inc., ASBCA No. 58676. To Read More>>

The Government Accountability Office found that the Justice Department treated offerors unequally. GAO found that DoJ gave undue weight to the corporate experience subfactor by considering it to be an evaluation factor in unrelated technical areas as it related to protester, but failing to consider it to be a factor in the same aspects of other offerors’ proposals. GAO also found that the protester was assigned a weakness for using language where DoJ assigned strengths for virtually identical language contained in other offerors’ proposals. Arctic Slop Mission Services, LLC, B-410992.5 To Read More>>

The Government Solutions Webinar Series is a monthly program targeted at assisting government entities on the strategies of navigating the laws of government contracts. For more details on the program or registration, please contact Caroline Dodson at cdodson@maynardnexsen.com.

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