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There are three forums that hear bid protests – the agency conducting the procurement, the U.S. Government Accountability Office (GAO), and the U.S. Court of Federal Claims (COFC). Click here for further information on where to file. Here we will discuss agency level bid protests, some procedural considerations, and a few of the advantages of using this forum over the GAO or the COFC. Dunlap Bennett & Ludwig’s team of bid protest attorneys are highly experienced, and are ready to advocate on your behalf.
Agencies were granted authority to hear bid protests on October 25, 1995, when then-President Bill Clinton signed Executive Order No. 12,979 “to ensure the effective and efficient expenditure of public funds and fair and expeditious resolution of protests to the award of Federal procurement contracts.” In a nutshell, agency level protests provide for inexpensive, informal, procedurally simple, and
TAKEAWAYS
A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision.
Contractors should seek clarification that such a letter is a final decision to ensure that a Board of Contract Appeals or the Court of Federal Claims has jurisdiction to hear the matter.
Appealing a decision that does not qualify as a “contracting officer’s final decision” will result in the contractor’s case being dismissed for lack of jurisdiction. However, not all final decisions carry all the hallmarks of a final decision and a contractor who delays may lose its opportunity to appeal.
How has so much money, which was meant to help people weather a pandemic, been redirected to America’s ever-expanding police state?
Police departments are good at getting federal resources they have divisions specifically dedicated to it, separate from patrol officers or detectives and more than a year into Covid-19, many are tapping into pandemic funding for uses that have little to do with public health. While some police grant-writers are upfront in public disclosures about the purpose of their money, others offer cryptic or misleading turns-of-phrase like citing a need to scan body temperatures as justification for a military-grade night vision camera.
What the Executive Order Requiring Federal Contractors to Pay a $15 Minimum Wage Will Mean
The upcoming rulemaking process should illuminate more.
It will take some time for the full scale and scope of President Biden’s recent executive order directing federal contractors to pay a $15 minimum wage for their workers starting next year to be seen.
Biden issued an executive order on April 27 that builds on one from President Obama in February 2014, which required federal contractors to pay their workers $10.10 per hour. Currently, the minimum wage for workers on federal contracts is $10.95 per hour and the tipped minimum wage is $7.65 per hour.
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