When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more
11/20/2019
/ Acquisitions ,
Bid Solicitation ,
Competitive Bidding ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Information Technology ,
LPTA ,
NDAA ,
Orders of Prohibition ,
Procurement Guidelines ,
Statutory Violations ,
Technology Sector ,
US Air Force
Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government...more
On October 2, 2019, DoD, GSA and NASA issued a proposed rule amending the FAR to implement Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. The amendment increases the threshold for...more
11/13/2019
/ Construction Industry ,
Data Reporting ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Proposed Rules ,
Rulemaking Process ,
Threshold Requirements
Disappointed offerors sometimes attempt to challenge contract awards by arguing that the agency did not properly take into account a particular aspect of their proposals. As the recent Government Accountability Office (GAO)...more
The recent guilty plea of a furniture company sales executive provides a timely reminder that contractors continue to engage in procurement shenanigans–and continue to get caught. In such circumstances, crime definitely does...more
8/16/2019
/ Competitive Bidding ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Statements ,
Federal Contractors ,
Fraudulent Procurement ,
Government Investigations ,
Guilty Pleas ,
Inspector General ,
Procurement Guidelines