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New York District Court Holds Teaming Agreements May Be Enforced

The ruling indicates that selecting New York law may increase the likelihood that the terms of a well-written teaming agreement will be enforced. Government contractors will find the New York Court’s recent denial of a...more

ASBCA Rejects Government’s Motion to Dismiss Despite Suspicion of Fraud

The Board’s jurisdiction attaches when the contracting officer renders a final decision or a deemed denial, and a later finding by the contracting officer that fraud is suspected will not deprive the Board of jurisdiction....more

New Procurement Integrity Act Decision Reminds Contractors of Its Scope and the Potential Remedies for a Violation

The Armed Services Board of Contract Appeals rules against the government on summary judgment but reminds offerors of the importance of understanding this key procurement law. The Procurement Integrity Act (PIA) governs...more

Department of Justice Issues New Guidance on Exemption 4 to the Freedom of Information Act

On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4. When preparing reverse-FOIA submissions, a...more

Defenders of the Debriefing

New DoD rules enhance contractors’ post-award debriefing rights. New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more

Taking Credit for Subcontractor Past Performance

- Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules. - Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider...more

Final Rules and Guidance Issued on “Blacklisting” Executive Order - Controversial Mandate Requires Disclosure of Labor and...

On August 25, 2016, the Federal Acquisition Regulatory Council issued final rules and the Department of Labor (DOL) published final guidance implementing President Obama’s 2014 “Fair Pay and Safe Workplaces” Executive Order...more

Affiliates of Indicted Contractor May Face Longer Suspension

The United States Court of Appeals for the Eleventh Circuit recently confirmed that the Government has the ability to suspend “affiliates” of a suspended contractor, even though there is no allegation that the affiliates...more

No More Dollar Limits on Federal Contract Set-Asides for Women-Owned Small Businesses

On June 21, 2013, the government issued an interim rule amending the Federal Acquisition Regulation (“FAR”) to remove the dollar limits on contracts that may be set aside for Women-Owned Small Businesses (“WOSB”) and...more

Prohibition on Contract Awards to Companies That Were Formerly Based in the United States

On January 29, 2013, a final rule was issued prohibiting the award of contracts to inverted domestic corporations. The final rule requires an offeror to represent that it is not an inverted domestic corporation and creates...more

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