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Key Provisions in the 2021 NDAA for Government Contractors, December 11, 2020, Jon Williams
‘Tis the season for holiday cheer and the National Defense Authorization Act (NDAA). The NDAA, commonly referred to as “must pass” legislation, is a key legislative vehicle that Congress uses each year to address a wide variety of issues, from defense spending to small business contracting matters. And this year is no different. Based on the recent Conference Report, the 2021 NDAA heading to the President will contain numerous provisions that will impact contractors doing business with the federal government. There is still some intrigue as to whether the President will sign the bill or if there may be further changes, which we will continue to monitor.
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On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction.
1 Task order protests related to Department of Defense (DoD) procurements can only be filed with GAO if (1) the order at issue increases the scope, period, or maximum value of the contract under which it is issued or, as it relates to the subject case, (2) the order is valued in excess of $25 million (for civilian agencies, the threshold, with certain exceptions, is $10 million). In USIT, the Defense Logistics Agency (DLA) awarded a task order valued at $24,993,820 for the base period and all option periods. In an attempt to establish jurisdiction, USIT argued that the true value of the order at issue was higher than $25 million.