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OMB Proposes Procurement Law Changes to Support “Revolutionary FAR Overhaul”

WHAT: The Office of Management and Budget (OMB) recently submitted to Congress 16 proposed changes to procurement laws in support of the “Revolutionary FAR Overhaul” effort, which Wiley has been chronicling here. These...more

FAR Council Proposes Wholesale Revamp of Organizational Conflict of Interest Rules

WHAT: On January 15, 2025, the Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule to implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (Pub. L. No. 117-324). The...more

SAM Registered I Am Part 3: A Journey Through the Recent Case Law, Practical Tips and Guidance for Registering in SAM, and...

We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more

Thawing From the Freeze: Significant Developments in Government Contracts from 2021-2022 [Audio]

Activity in the government contracts industry has been heating up over the last year as the United States tackles the pressing issues of our rapidly changing world. In this episode, Wiley partners Kara Sacilotto, Tracye...more

COFC Decision Disagrees with GAO on Whether Contractors Must Notify Agencies of Changes to Key Personnel Availability During a...

WHAT: In a decision released on February 4, 2022, the Court of Federal Claims (COFC) declined to follow the Government Accountability Office’s (GAO’s) rule that offerors are obligated to inform agencies when proposed key...more

Blue & Gold Safe For Now: Federal Circuit Holds That a Timely Agency-Level Pre-Award Solicitation Challenge Preserves a...

WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more

Government Contract Trends as 2021 Winds Down

It is hard to believe 2021 is in the back stretch. At the beginning of the year, we made predictions of what might come from the change in Administration in 2021. In this article, we take a look at what has happened in 2021...more

Enhanced Debriefings: A Rocky Road From the Class Deviation to DOD’s Proposed DFARS Implementation

Section 818 of the Fiscal Year 2018 National Defense Authorization Act (NDAA) amended 10 U.S.C. § 2305 to provide “enhanced” post-award debriefing rights for offerors in connection with U.S. Department of Defense (DOD)...more

Lack of Prejudice Will Sink Even a 'Meritorious' Protest

As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more

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