Joint Venture Eligibility Refresher on Requirements for Government Contractors
New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast | Compliance Clarity for Federal Contractors with Joan Moore and Mim Munzel of Arbor Consulting Group
The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act
When DEI Meets the FCA: What Employers Need to Know About the DOJ’s Civil Rights Fraud Initiative
Podcast - Navigating the Updated SF-328 Form
CHPS Podcast Episode 5: The Future of Federal Procurement
DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand - #WorkforceWednesday® - Employment Law This Week®
Abortion Protections Struck Down, LGBTQ Harassment Guidance Vacated, EEO-1 Reporting Opens - #WorkforceWednesday® - Employment Law This Week®
Podcast - A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community
2024-2025 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo - Employment Law This Week® - #WorkforceWednesday®
Diversifying Your Contract Pipeline by Maximizing Opportunities through the DOD’s Mentor Protégé Program
Clocking in with PilieroMazza: Latest Developments on DEI Executive Order and Action Items before April 21 Deadline
Podcast - The "I" in FOCI and AI: Innovation, Intelligence, Influence
#WorkforceWednesday®: EEOC/DOJ Joint DEI Guidance, EEOC Letters to Law Firms, OFCCP Retroactive DEI Enforcement - Employment Law This Week®
#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®
Podcast - What Are Joint Ventures and When Should They Get Cleared?
Judge Hertling’s recent decision in Telesto Group, LLC v. United States provides a novel approach for determining when Court of Federal Claims (also “COFC”) has jurisdiction to consider a protest of a project under the...more
The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case...more
The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more
Last month, in Raytheon Co. v. United States, the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC...more
In a decision published on Feb. 24, 2025, Judge Armando Bonilla of the U.S. Court of Federal Claims (COFC or Court) weighed in on the ongoing debate about jurisdiction over protests of other transaction agreements (OTAs). The...more
On Monday, February 24, 2025, the Court of Federal Claims (“COFC”) released the public version of a February 13 decision declining to dismiss Raytheon Company’s protest of a $648.5 million award under the Missile Defense...more
The recent bid protest decision in ELS, Inc., B-421989, December 21, 2023, 2023 CPD highlights an important aspect of bid protest litigation before the U.S. Government Accountability Office ("GAO"): task order jurisdiction....more
On December 8, 2023, the Supreme Court of the United States granted certiorari in one case...more
The origination of Other Transaction Agreements (OTAs) traces back to the October 1957 launch of Sputnik I by the Soviet Union and the subsequent Space Race. Congress created the National Aeronautics and Space Administration...more
In a recent dispute, the United States argued that the Court of Federal Claims lacked jurisdiction to review any disputes concerning Other Transaction Authority (OTA) agreements, and that it is “conceivable” that no court had...more
There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported, cases such as SpaceX, MD Helicopter, and Kinemetrics have provided useful data points. The...more
While most federal procurements are conducted using the onerous regulations set forth in the Federal Acquisition Regulation (FAR) and agency supplements, agencies are increasingly relying on the more flexible, but...more
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. Task order protests related to...more
On May 31, 2018, two new rules go into effect that impact the U.S. Government Accountability Office’s (GAO’s) jurisdiction to hear protests of task orders and delivery orders issued pursuant to multiple-award...more
On May 1, 2018, the Federal Acquisition Regulatory (FAR) Council published a final rule amending FAR 16.505(a)(10) to raise the minimum threshold for Government Accountability Office (GAO) protests of certain task and...more
In two recent opinions, the Government Accountability Office (“GAO”) has declined to reconsider protests it dismissed during the recent lapse in its jurisdiction over protests of civilian agency task and delivery orders...more
As we previously reported here and here, between October 1 and December 14, 2016, the Government Accountability Office (GAO) lacked jurisdiction to hear most civilian agency task order protests (its jurisdiction over protest...more
New Legislation Reinstates GAO’s Civilian Task Order Protest Jurisdiction, but the 2017 NDAA Will Up the Threshold for Non-Civilian Agency Task Order Procurements...more
Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more
As we reported on December 14, 2016, on December 8, the Senate passed the National Defense Authorization Act (NDAA) of 2017, which calls for changes to the Government Accountability Office’s (GAO) jurisdiction over civilian...more
It appears that, at long last, the Government Accountability Office (GAO) will have permanent jurisdiction over task and delivery orders exceeding certain thresholds. The right of federal contractors to protest agencies'...more
Debates in Washington over expenditures associated with military-related bid protests are fueling new legislation that could curtail protest efforts. The Government Accountability Office (GAO) handles bid protests filed by...more
On May 7, 2014, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2014-01, instituting a five-year moratorium on the OFCCP enforcement over TRICARE subcontractors. The moratorium applies to health...more
Healthcare providers are waiting anxiously to see the Office of Federal Contract Compliance Programs’ (OFCCP) most recent position on whether it will continue trying to assert jurisdiction over them on the basis of...more
On July 22, 2013, the Office of Federal Contract Compliance Programs (OFCCP) won a surprising victory before the Department of Labor’s (DOL) Administrative Review Board (ARB), breathing new life into the agency’s efforts to...more