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Bid Protests Department of Defense (DOD) Federal Acquisition Regulations (FAR)

Morrison & Foerster LLP - Government...

June 2024 Bid Protest Roundup

This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an...more

Morrison & Foerster LLP - Government...

Has The GAO Opened The Door To Certain Other Transaction (OT) Bid Protests?

Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the...more

Bass, Berry & Sims PLC

Bid Protest Minute: GAO’s Task Order Jurisdiction

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On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more

Morrison & Foerster LLP - Government...

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in...more

Jenner & Block

Government Contracts Legal Round-Up | 2024 Issue 1

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Perkins Coie

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

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The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

Venable LLP

November 2023 Government Contracts Roundup

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As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid...more

Jenner & Block

Government Contracts Legal Round-Up | October 2023 Issue 19

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Holland & Knight LLP

End of Fiscal Year Awards: Know Your Debriefing and Protest Procedures, Deadlines

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As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more

Whitcomb Selinsky, PC

Avionic Instruments Protests Award Issued by the Navy

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Avionic Instruments, LLC protested a contract award to Physical Optics Corporation (POC) by the Department of the Navy, Naval Air Systems Command. The award was for the replacement of analog inverters on the Navy UH-1Y...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

Bass, Berry & Sims PLC

Department of Defense Issues First Update Since 2018 to Other Transactions Guide

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On July 8, the Department of Defense (DoD) Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD (A&S)) announced its first update to the Other Transactions (OT) Guide since November 2018. The DoD OT...more

PilieroMazza PLLC

DOD Issues Final Rule Updating Supplier Performance Risk System (SPRS) Assessment Procedures for Federal Contractors 

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Effective March 22, 2023, the Department of Defense (DOD) issued a final rule (Final Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) requiring Contracting Officers (COs) to use Supplier...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – April 2023 #2

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Federal Acquisition Regulation: Small Business Innovation Research and Technology Transfer Programs - The Department of Defense, General Services Administration, and National Aeronautics and Space Administration will...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - February 2023

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In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal...more

Bradley Arant Boult Cummings LLP

The 6 Most Important Bid Protest Decisions Of 2022

In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. - ASRC Federal Data Solutions LLC - ESimplicity Inc. v. U.S. -...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

Morgan Lewis

Court of Federal Claims Clarifies Bid Protest Jurisdiction for OTA Agreements

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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

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 11

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Bass, Berry & Sims PLC

Broad Agency Discretion to Cancel Bid Solicitations Curtailed with Recent Court Decision – “The Tribe has Spoken”

Generally, government agencies are given broad discretion to define their needs; however, last month, the United States Court of Federal Claims chose to curtail an agency’s authority to cancel and amend bid solicitations in...more

Jenner & Block

DoD Issues Final Rule Implementing Enhanced Debriefing Requirement

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On March 18, 2022, the Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to mandate that DoD provide enhanced postaward debriefings to contractors. As we...more

Fox Rothschild LLP

How To Use DOD’s New Enhanced Postaward Debriefing Rights for Stronger Bid Protests

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The U.S. Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid...more

Morrison & Foerster LLP - Government...

Five Peculiarities Of Protests Of Federal Supply Schedule Protests

The General Services Administration’s Federal Supply Schedule contracts are an efficient method for agencies across the Government to meet their needs for many commercially available supplies and services. For requirements...more

PilieroMazza PLLC

2021 GAO Bid Protest Annual Report: What the Report Reveals About Bid Protests at the GAO

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The recently released 2021 Bid Protest Annual Report (Report) from the Government Accountability Office (GAO) covers cases filed with the agency, including protests, cost claims, and requests for reconsideration.  In this...more

Bass, Berry & Sims PLC

The Black Hole of Protest Jurisdiction: Can I Challenge the Award of an “Other Transaction Agreement”?

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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

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