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
The Department of Defense (DOD) issued a final rule on March 18, 2022, that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require "enhanced" post-award debriefings in certain DOD procurements....more
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
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
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
A stay of award or performance of a contract simply means the procuring agency cannot award the contract or must stop performance of an already awarded contract during the pendency of a protest. Obtaining a stay is different...more
The U.S. Department of Veterans Affairs (“VA”) Medical Surgical Prime Vendor (“MSPV”) 2.0 Program (discussed previously here and here) has yet to make it off the ground, but in March 2021 the VA announced plans to eliminate...more
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
As explained previously, various forums have jurisdiction or authority to hear bid protests: agencies, the U.S. Accountability (GAO), and the U.S. Court Federal Claims (COFC). Click here for further information on where to...more
Contractors and contractor teams competing for set-aside contracts should internalize the Federal Acquisition Regulation (“FAR”) compliance lesson imparted by a recent Government Accountability Office (“GAO”) protest decision...more
The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more
V&E’s Government Contracts practice authored the US procurement law section of Chambers’ 2020 Global Practice Guide on Public Procurement, which was released April 6, 2020. The Guide covers core legislation and regulations,...more
On March 13, 2020, President Trump declared a national emergency in response to the coronavirus (COVID-19) outbreak. Such a declaration has significant implications on the contracting community navigating the federal...more
Transportation is central to mail delivery, so it is no surprise that the companies who move the mail dominate the list of the Top 150 U.S. Postal Service Suppliers in Fiscal Year 2019. Seven of the Top 10 companies are...more
With the end of the fiscal year approaching and the frequency of contract awards increasing, many government contractors will be focusing on post-award debriefings. The Department of Defense (DOD) implemented enhanced...more
As federal agencies have exponentially increased the use of “Other Transaction Agreements,” or OTAs, over the past few years, the question of the extent to which OTAs are subject to judicial review has arisen and,...more
The Department of Defense (DoD) enhanced post-award debriefing requirements, contained in Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA), have been a large topic of conversation this past...more
In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations. Enhanced Debriefing rule does not alter GAO timeliness rules....more
As I mentioned in a recent post, the Department of Defense (DoD) is using its “other transaction” authority with increased frequency to attract non-traditional defense contractors and to capitalize on the cutting-edge...more
The United States Department of Defense (“DOD”) has amended the process for debriefings required under Federal Acquisition Regulation (“FAR”) 15.506 to allow for offeror questions related to the debriefing. Offerors are...more
The traditional debriefing process, by which unsuccessful offerors can obtain information on the basis of the Government’s selection and contract award, was just improved to the benefit of contractors. Under the revised...more
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
The level of devastation caused by Hurricanes Harvey and Irma in Texas and Florida, respectively, is estimated to have caused $150-200 billion in damages. With this devastation comes a multibillion-dollar recovery effort that...more
Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procurements by the U.S. Postal Service (USPS)....more
The U.S. Department of Defense (“DOD”) has announced that it will continue to award large contracts during the ongoing federal government shutdown, but that it will not “publicly announce” the contract awards until the...more