News & Analysis as of

Federal Procurement Systems

Challenging the Reign of Kingdomware – Federal Circuit May Decide Whether Veterans or AbilityOne Participants Receive Priority in...

On Friday of last week, while most of the country was getting ready for the Labor Day Holiday, the U.S. Court of Federal Claims in PDS Consultants, Inc. v. United States, Case No. 16-1603C, Slip. Op. (September 1, 2017)...more

New Government-Wide Category Management Policy for Package Delivery Services Could Signal Changes for Other Industries

by PilieroMazza PLLC on

Despite the change in Administration, the Government’s efforts to implement category management continue and are about to have a major impact in how the Government contracts for package delivery services. What is category...more

Comments on Notice–MV–2017–01, Evaluation of Existing Acquisition Regulations

by PilieroMazza PLLC on

The U.S. General Service Administration’s (“GSA”) is seeking input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales programs,...more

SBA Seeks Comments on Reducing Unnecessary Regulatory Burden

by PilieroMazza PLLC on

On August 15, 2017, the U.S. Small Business Administration (“SBA”) released a request for information (“RFI”) seeking input from the public as to which SBA regulations should be repealed, replaced, or modified because they...more

Court of Federal Claims Asserts Jurisdiction Over OTA Claim

The Court of Federal Claims held for the first time last Friday that damages were available for the Government’s alleged breach of an other transaction agreement (“OTA”), declining to dismiss a contractor’s $47 million claim...more

Post-Award Protest Primer: Part 2

Part 2: Debriefings - You just received an email: “We appreciate your interest in the XYZ procurement. The Agency determined that your proposal did not represent the best value to the Government. Award has been made to...more

Post-Award Protest Primer Series: Part 1

Part 1: An Introduction to Bid Protests - Welcome to the first in a new series of articles on post-award bid protests! A lot of misunderstandings and misinformation surround the bid protest, and traps abound for the wary...more

Thornberry Acquisition Reform Bill Contemplates DoD’s Use of Online Marketplaces to Purchase COTS Products

by Holland & Knight LLP on

Imagine if a DoD agency could purchase commercial-off-the-shelf products of any value simply by placing an order at an Amazon-like website – no need for solicitations, quotes, evaluation, or detailed price analysis and...more

The Canadian Free Trade Agreement – “Old Wine in New Bottles” for Labour Mobility

by Field Law on

Judging from the headlines touting the new Canadian Free Trade Agreement (“CFTA”) as “the biggest step forward in removing barriers to internal trade…in the history of Canada,” “the most ambitious free trade agreement this...more

GSA Seeks Input On Repeal, Replacement, and Modification of Policies and Regulations

On Tuesday, May 30, 2017, the GSA issued a request for comments seeking “input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales...more

ASBCA Throws DCAA Another Brushback Pitch

In an April 2017 decision, the Armed Services Board of Contract Appeals (ASBCA) once again rejected the position of the Defense Contract Audit Agency (DCAA) that a cost or type of cost for which allowability depends on the...more

Laws and Regulations Affecting Government Contractors

by Polsinelli on

How Trump’s “Buy American and Hire American” Could Alter Procurements - The President’s “Buy American and Hire American” Executive Order (EO), issued April 18, 2017, reflects Executive Branch policy and orders several...more

Buy American and Hire American: What it Means for the Construction Industry

On April 18, 2017, President Donald Trump signed into law the “Buy American and Hire American” Executive Order (No. 13788). The Order requires agencies to do a wholesale evaluation of their compliance with “Buy American” laws...more

Executive Order Seeks to Bolster ‘Buy American’ Enforcement

by Morgan Lewis on

US President Donald Trump’s executive order aims to increase the use of US goods and materials in federal acquisitions. On April 18, President Trump signed the Presidential Executive Order on Buy American and Hire...more

Latest Trump Executive Order and H-1B Visas

by Moore & Van Allen PLLC on

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

Administration Issues Executive Order Providing Framework for its Domestic Buying and Hiring Preferences for Federal Procurement...

by Holland & Knight LLP on

"My Administration will follow two simple rules: Buy American, and hire American.” - President Donald J. Trump. - Fulfilling a prominent campaign promise, today President Trump signed an Executive Order (EO) detailing...more

Government Asking for More Transparency on Federal Contracts Over 150K

by PilieroMazza PLLC on

For years the federal government has attempted to increase transparency in the federal marketplace and last month, U.S. Senators Claire McCaskill (D-MO) and Jon Tester (D-MT) introduced a bill that would require the posting...more

GAO Report on Government Contracting Finds Overall Decrease from 2011-2015 and Most Obligations on Service Contracts

by Alston & Bird on

Every year, billions of dollars in products and services are needed to keep running the U.S. federal government’s 18 cabinet-level departments and nearly 100 other independent agencies. In March 2017, the Government...more

Revealing NEC4 to South Africa – a welcome development for the public sector

by Dentons on

NEC contracts are used extensively in the South African public sector. The Construction Industry Development Board (CIDB) Act and its standards for uniformity in construction procurement seek to bring about standardisation...more

GAO Reports On Government Contracting Trends

by PilieroMazza PLLC on

On March 8, 2017, GAO issued a report on government contracting trends from fiscal year (“FY”) 2011 through FY 2015. FY 2015 was the latest year for which there was complete data available at the time of GAO’s review. Using...more

New regulation for public private partnerships

by Dentons on

On December 22, the Regulation for Public Private Partnerships (39965-H-MP) came into effect. This regulation means that soon the Government and the Private Sector can work hand-in-hand to develop both infrastructure and...more

Transactional Data Reporting: Brave New World

by PilieroMazza PLLC on

As part of its Category Management initiative, the U.S. General Services Administration (“GSA”) has piloted the Transactional Data Reporting rule (“TDR”), which is meant to provide a greater degree of transparency into the...more

Congress in Process of Passing Disapproval Resolution of Blacklisting Regulations

by Seyfarth Shaw LLP on

On February 2, 2017, by a vote of 236 to 187, the U.S. House of Representatives approved a joint resolution of disapproval to block the Final Rule implementing President Obama’s Executive Order 13673, “Fair Pay and Safe...more

Dentons' pick of global regulatory trends to watch in 2017 - National security and foreign investment review

by Dentons on

Focus on the US - Defense and national security - The 115th Congress will mark the first opportunity in a decade for a Republican-controlled House and Senate to work with a Republican president. In 2017, leading...more

Did the FAR Lose Its Mojo in the Government Contracts World? Depends

by Burr & Forman on

It’s not everyday that you read about one of your longtime heroes, the Federal Acquisition Regulations (“FAR”), losing some of its mojo. The Nash & Cibinic Report read as follows: “The FAR: Does It Have Contractual Force and...more

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