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National Defense Authorization Act Government Accountability Office Federal Acquisition Regulations (FAR)

The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible... more +
The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds.  less -
Fox Rothschild LLP

DoD Makes Significant Changes to Bid Protest Requirements

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The 2025 National Defense Authorization Act (NDAA) includes two significant changes to DoD bid protests that are generally not favorable to contractors. (Both changes appear in Section 885 of the NDAA and can be viewed at...more

Morrison & Foerster LLP - Government...

Less Oversight and Undefined Penalties: The NDAA’s Proposed Protest Reforms

Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more

PilieroMazza PLLC

FY25 NDAA Update: Potential Costly Changes Ahead for Bid Protests

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The Senate approved the Fiscal Year 2025 National Defense Authorization Act (FY25 NDAA) on December 18, 2024. The bill is now on its way to the President’s desk for signature. Of particular note to federal defense contractors...more

Wiley Rein LLP

NDAA Provisions Impacting Government Contractors and Their Supply Chains

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On December 18, 2024, the Senate passed the National Defense Authorization Act for Fiscal Year 2025 (NDAA), which the House of Representatives passed the previous week. President Biden is expected to sign the bill into law...more

Bass, Berry & Sims PLC

New Organizational Conflict of Interest Regulations Coming Soon

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On September 19, the Government Accountability Office (GAO) issued a report highlighting a gap in current Organizational Conflicts of Interest (OCIs) restrictions. According to the report, the Federal Acquisition Regulation...more

Holland & Knight LLP

Potential Implications of a Trump Presidency for Unspent Out-Year Federal Appropriations

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During the first two years of the Biden Administration, U.S. Congress appropriated significant amounts of funding outside the regular annual process for several major multiyear initiatives. Major examples include the...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – March 2024

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House Passes $460 Billion Package of Spending Bills. Senate Expected to Act Before Shutdown Deadline, Federal News Network - The House passed a $460 billion package of spending bills Wednesday that would keep money...more

Holland & Hart LLP

Key Provisions in the House's 2024 NDAA Impacting Federal Contractors

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On June 30, 2023, the United States House of Representatives passed its version of the National Defense Authorization Act for the Fiscal Year 2024, H.R. 2670 (Rep. No. 118-125) (the “NDAA”)....more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – December 2022

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GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Enhanced Debriefing Final Rule Provides Greater Transparency

The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules. DoD debriefings now must include a redacted version of the source selection decision document for all awards...more

Sheppard Mullin Richter & Hampton LLP

So Your Proposal Lost – Now What? Understanding Debriefings

Debriefings provide disappointed offerors an invaluable opportunity to hear from agencies directly as to why contract award decisions came out the way they did. Debriefings can also extend the deadlines to file a timely...more

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

PilieroMazza PLLC

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

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In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Issues Proposed Rule on Enhanced Debriefing Procedures

The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA). The proposed...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2020 #2

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GOVERNMENT CONTRACTS - Key Provisions in the 2021 NDAA for Government Contractors - ‘Tis the season for holiday cheer and the National Defense Authorization Act (NDAA). The NDAA, commonly referred to as “must pass”...more

Pillsbury Winthrop Shaw Pittman LLP

NDAA Requires Contracting Officers to Provide Information to Unsuccessful Offerors for Task and Delivery Orders Valued Under $5.5...

The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders. Currently, FAR Part 16 only...more

Holland & Knight LLP

December 2019 Bid Protest Roundup

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In this post, we briefly summarize three of the key bid protest decisions published in November 2019....more

PilieroMazza PLLC

Weekly Update Newsletter - December 2019 #3

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SEASON'S GREETINGS FROM PILIEROMAZZA! CLIENT ALERT: The 2020 NDAA's Impact on Government Contractors - On December 17, 2019, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2020,...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2019

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Client Alert: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know - On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more

Stinson - Government Contracting Matters

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

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

Pillsbury Winthrop Shaw Pittman LLP

Limits on Use of Lowest-Price, Technically Acceptable Procurements at DoD

Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures. The new rule takes effect on October 1, 2019 and permits defense...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2019 #2

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GOVERNMENT CONTRACTS LAW - Late Is Late—Even on the GSA Schedule - In a recent blog, we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation...more

Pillsbury Winthrop Shaw Pittman LLP

Section 809 Panel Installment One: Expanding Agency Procurement Discretion, Narrowing Contractors’ Bid Protest Rights Recommended

Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more

Cohen Seglias Pallas Greenhall & Furman PC

Recent GAO Decision Suggests SBA Regulation Regarding Limitations on Subcontracting Takes Precedence Over the FAR

When an agency decides to set aside an acquisition for participation only by small businesses, certain subcontracting limitations apply to the small business awardee. For construction contracts, the small business contractor...more

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