Federal Procurement Systems

News & Analysis as of

Maximizing Cost Recovery in a Termination for Convenience

With constant budget pressures, federal procurement contracts are always at risk of a termination for convenience. If a termination for the government’s convenience is forecasted by the federal government, there are steps...more

Construction Law Group News: Veteran-Owned Contractors: SCOTUS Reaffirms the “Rule of Two,” which is Good for You!

The U.S. Supreme Court’s ruling last week in Kingdomware Techs., Inc. v. U.S. should create more opportunities for veteran-owned and service-disabled veteran-owned small businesses (collectively, "VOSBs") to win contracts...more

Supreme Court Requires the VA to Expand Use of Mandatory Set-Asides for VOSBs

The Department of Veterans Affairs will be required to implement mandatory set-aside requirements for procurements at all levels, including FSS orders, if two or more VOSBs reasonably can be expected to submit offers that...more

U.S. Offshore Wind: Mid-Year Update

Several speakers at the recent American Wind Energy Association (AWEA) annual conference in New Orleans lauded the positive impact of Congress's extensions of the production tax credit (PTC) and investment tax credit (ITC) in...more

Reduced Risk Through Commercial Item Contracting

Entering into business with the U.S. Government provides companies, including those in the automotive industry, with the opportunity to expand their business base, with tremendous potential. Even with ongoing budget cuts, the...more

Bid Protest Strategy: What Every Contractor Needs to Know

Overview - - Making the decision to protest and what you can expect - When, where, and why to file - Common pre- and post-award protest arguments - The strongest arguments - Defending your award...more

Automated People Mover at LAX – Submittal Instructions Issued for Operating System Suppliers

On April 18, 2016, Los Angeles World Airports (LAWA) reached an initial milestone in its Landside Access Modernization Program (LAMP) by issuing instructions for how automated people mover operating system suppliers can...more

Il nuovo Codice degli Appalti Pubblici

With the Legislative Decree n. 50 of 18 April 2016 "Implementation of directives 2014/23 / EU, 2014/24 / EU and 2014/25 / EU on the award of concession contracts, on public procurement and procurement by entities operating in...more

Top 4 Changes Proposed by the GAO to its Government Contracts Bid Protest Regulations (includes a new filing fee)

The Government Accountability Office (GAO) has concurrent jurisdiction with the Court of Federal Claims to hear bid protests from government contractors seeking review of a federal agency’s procurement solicitations and...more

Potential Changes at GAO in 2016

There are some big potential changes coming to the bid protest process at the Government Accountability Office (“GAO”) in 2016. It is possible that this year will bring a formalized electronic docketing system, a fee for...more

Maximize Business Opportunities in Michigan as a Service-Disabled Veteran

Be as successful in business as you were in the military. Take advantage of federal, state, and local laws which provide procurement preferences for service-disabled veterans. As the following blog article will address,...more

What You Should Know About the SBA’s New Size Standards

Next week, increased size standards for small business concerns will take effect across hundreds of industries, enabling some businesses to now qualify as small and become eligible for a number of federal procurement...more

Construction news round-up

Our construction news round-up covers a range of regulatory, industry and contractual issues that affect UK construction businesses....more

No Excuses for Untimely Proposal Submissions - Even if it's Not Your Fault

We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely. In line with these decisions, GAO has again demonstrated its...more

Indian-Owned Businesses Should See More Procurement Contracts Under New Buy Indian Policy

The U.S. Department of the Interior's Bureau of Indian Affairs (BIA) on Jan. 12, 2016, announced a new policy to improve the implementation of the Buy Indian Act of 1910 (Act). The policy, announced in a memorandum by Acting...more

Lessons from the DOD Procurement Management Review Program Annual Newsletter

he Department of Defense Procurement Management Review Team is tasked with analyzing and assisting the effectiveness of the DOD’s procurement and contracting function. The PMR team recently released its second annual...more

New PPP Mechanisms in Russia

Until recently, Federal Law No. 115-FZ “On Concession Agreements dated 21 July 2005 (the "Concession Law") was the main legislative act in Russia governing the procedure for the implementation of public-private partnership...more

Exercise Caution When Submitting Proposals Through FedConnect

Several government agencies, including the Department of Energy (“DOE”), utilize a web portal called FedConnect to receive bid proposals. While these agencies surely intended that using FedConnect would make the procurement...more

Weekly Update Newsletter - January 2016

GOVERNMENT CONTRACTS - 2016 Adverse Effect Wage Rates - Effective December 22, 2015, the Employment and Training Administration of the Department of Labor (Department) announced the 2016 Adverse Effect Wage Rates...more

How Can You Tell If a Protest Debriefing Is Required?

We are often contacted by a contractor soon after the company learns that its proposal was not selected for award, with the contractor is considering whether to file a bid protest. When a contractor is deciding whether or not...more

U.S. General Services Administration Settles Suit Alleging Inaccessibility of Its Website for Contractors

Oh, the irony. Our federal government is filing lawsuits against private businesses and universities for having allegedly inaccessible websites and mobile apps when its own agencies have inaccessible websites. In April...more

Reporting Executive Compensation: What If You Don’t Report?

Government contractors are accustomed a myriad of reporting requirements. One such requirement that has caused much consternation is the FAR’s executive compensation clause which, as of October 1, 2015, applies to all...more

“Open and Frank Discussions” or Agency-Level Protest

In Coulson Aviation (USA), Inc. (B-411525, B-411525.2, 2015 CPD ¶ 272), the Government Accountability Office (GAO) recently denied a contractor’s protest over the terms of a request for proposals (RFP) issued by the...more

UPDATED: Dissatisfied with an Unsatisfactory Rating? Contractor Options for Challenging CPARS

In March 2014, we published a blog about challenging an unfavorable interim or final Contractor Performance Assessment Report System (“CPARS”) rating. Because of changes in the regulations, we wanted to update that post for...more

Do Words Matter? GAO Decides “Yes” in Delivery Order Precedent Case

Do words matter? In a precedent-setting decision in Harris IT Services Corp., B-411699, B-411796, GAO said “yes.” In particular, GAO made clear that the phrase “delivery order” has a particular meaning under the law and that...more

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