The Chief Information Officer-Solutions and Partners 4 (CIO-SP4) procurement of the National Institutes of Health’s Information Technology Acquisition and Assessment Center (NITAAC) has garnered a great deal of attention....more
Since our October 14, 2021 webinar, much has developed in the rapidly evolving compliance world of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO” or “EO 14042”). In case you...more
11/12/2021
/ Americans with Disabilities Act (ADA) ,
COFC ,
Coronavirus/COVID-19 ,
Covered Employer ,
Davis-Bacon Act ,
Department of Veterans Affairs ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
GWACs ,
HUD ,
NASA ,
OMB ,
OSHA ,
Prime Contractor ,
Religious Accommodation ,
Service Contract Act ,
Subcontractors ,
Vaccinations ,
Virus Testing
After a five-year wait, small business subcontracting rules that the Small Business Administration (SBA) promulgated in 2016 will finally appear in the Federal Acquisition Regulation (FAR) and new solicitations. Chief among...more
We previously commented on one aspect of the Trump Administration’s America-First policies that the Biden Administration has embraced wholeheartedly: doubling down on domestic preferences in Federal procurements. Consistent...more
Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented...more
This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a...more
3/12/2021
/ Appeals ,
Army ,
Automatic Stay ,
Bid Proposals ,
Bid Protests ,
COFC ,
Corporate Conversions ,
Corrective Actions ,
Debriefing ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Dismissals ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Lack of Jurisdiction ,
Limited Liability Company (LLC) ,
LPTA ,
Name Changes ,
Offerors ,
Solicitation
The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract...more
Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many...more
Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more
12/15/2020
/ Bid Protests ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
DFARS ,
Federal Contractors ,
Financing ,
NDAA ,
Progress Payments ,
SBA ,
Small Business ,
Software ,
Subcontractors
The National Institute for Health Information Technology Acquisition and Assessment Center (NITAAC) released its draft request for proposals (the “Draft RFP”) for the new $40 billion Chief Information Officer-Solutions and...more
We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement. In numerous bid protest decisions, the U.S....more
As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow...more
The Small Business Administration (SBA) today issued a significant final rule addressing numerous issues of interest to Federal contractors. With one exception, the rule will take effect on November 16, 2020. We anticipate...more
Earlier this week, the FAR Council issued a proposed rule to implement President Trump’s Executive Order 13881. The Executive Order called for the expansion of the preference for domestic goods, products, and materials –...more
In this month’s bid protest roundup (featured on Law360), we consider three protest decisions the GAO released in the month of July, each of which provides important guidance for companies competing for government...more
Neither rain nor sleet nor quarantine restrictions stop bid protests or our monthly roundup. Thus far the virus has not resulted in dramatic changes to GAO processes, as they have been almost completely electronic from the...more
Government contractors continue to face disruptions from COVID-19 and the attempts to halt its spread: closures of government and contractor facilities, quarantined personnel, the inefficiencies of telework, delays and...more
A variety of arcane domestic-preference regimes apply to many Federal procurements – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment, and the Cargo Preference Act, to name a few. In Acetris...more
The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States. In that case, Raytheon asked the Court to review a contracting officer’s demand that...more
The Government Accountability Office (GAO) has released its report on bid protest statistics for Fiscal Year 2019. As in past years, the GAO’s figures count supplemental protests by the same protester and other parties’...more
BID PROTESTS, LATEST DEVELOPMENTS & TWISTS -
Bid Protests: Agenda -
1. LOGCAP V and Task/Delivery Order Protest Jurisdiction
2. SpaceX and Other Transaction Authority Protest Jurisdiction
3. Potential Impact of New...more
The Department of Defense (DOD) has promulgated the final rule restricting DOD’s use of Lowest Price Technically Acceptable (LPTA) acquisition methods. The final rule adopts, without any substantive changes, the proposed rule...more
Everyone knows that “ignorance of the law is no excuse.” But what about ignorance of the facts? In Woodies Holdings, L.L.C. v. United States, the Court of Federal Claims recently rejected a Government defense against a...more
The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA). EO 13881 orders the Federal...more
You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of...more
6/27/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA