Federal Procurement Systems

News & Analysis as of

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

Trans-Pacific Partnership May Have Far-Reaching Consequences for U.S. Industry

This week, the 12 Trans-Pacific Partnership (TPP) member countries decided the final terms of what they report is a far-reaching agreement (Agreement or TPP Agreement). The 12 TPP countries are Australia, Brunei Darussalam,...more

TTIP’s Impact on U.S. and EU Trade Relations

The United States and the European Union (EU) together represent 60 percent of global GDP, 33 percent of world trade in goods and 42 percent of world trade in services. Direct investment in each other’s economies totals more...more

Proposed rule clarifies contractor requirements for counterfeit electronic part detection and avoidance

Yesterday, September 21, 2015, the Department of Defense (DOD) published a proposed rule in the Federal Register that would amend the Department of Defense FAR Supplement (DFARS) to further implement Section 818 of the...more

Weekly Update Newsletter - September 2015 #2

GOVERNMENT CONTRACTS - Establishing a Minimum Wage for Contractors, Notice of Rate Change In Effect as of January 1, 2016 - The Department of Labor (DOL) issued a notice to announce the applicable minimum wage rate...more

While Government Spending is Down, Bid Protests are Up

In a recently released report, the U.S. Government Accountability Office (GAO) provided a revealing look at significant shifts in bid protest trends that have taken place over the last six years. These trends show that even...more

FCA Cases and SBA Protests

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

Weekly Update Newsletter - September 2015

GOVERNMENT CONTRACTS - President Obama Signs Executive Order Establishing Paid Sick Leave for Federal Contractors - President Obama signed an Executive Order on Monday September 7, 2015, requiring federal...more

U.S. State Department Targets Russian, Iranian Firms in Sanctions Move Against WMD and Missile Proliferation

The U.S. Department of State imposed sanctions on September 2, 2015, against 23 companies around the world for involvement in the transfer or purchase to or from Iran, North Korea or Syria of goods, services or technology...more

Comments on Proposed Rule Regarding Small Business Subcontracting Improvements

After the recent small business subcontracting plan changes were implemented by the U.S. Small Business Administration (“SBA”) in its final rule at 78 Fed. Reg. 42391, dated July 16, 2013, many of our clients have asked us...more

A Look At The Numbers: 2015 Government Contracting Annual Report

Some very interesting data, trends, and analysis of government contracting, which should be of interest to government contractors, was published in a recent report by the National Contract Management Association (NCMA) and...more

Weekly Update Newsletter - July 2015 #3

GOVERNMENT CONTRACTS - DOC Issues Final Rule Regarding Federal Awarding Agency Regulatory Implementation of OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - The...more

Supreme Court to Hear VA Procurement Controversy This Fall

In a matter of keen interest to the small business community, last month the Supreme Court, granted certiorari in Kingdomware Technologies, Inc. v. United States. The Court’s decision will hopefully bring some closure to the...more

Access to Pre-Solicitation Information without Mitigation Plan: A Recipe for Rescission

The Court of Federal Claims (“CFC”) recently made clear that mere access to pre-solicitation information creates a potential Organizational Conflict of Interest (“OCI”) that can invalidate an award. In Monterey Consultants,...more

Members of Congress Request Withdrawal Of Proposed Guidance And Regulations For Fair Pay And Safe Workplaces Executive Order

On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair...more

Procurement Issues: One-on-One Meeting Procedures

Experience with innovative procurements indicates that holding one-on-one meetings with proposers is beneficial whenever selection is based on a “best value” evaluation of competitive proposals—whether the procurement...more

New Federal Integrity Regime: Two Steps Forward, One Step Back

The Integrity Regime replaces the Integrity Framework initially introduced by PWGSC in 2012 and amended in March 2014, which was heavily criticized as being unfairly harsh for its lack of due process and failure to account...more

What You Need to Know About TTIP

TTIP (the Transatlantic Trade and Investment Partnership) is a comprehensive trade and investment agreement currently being negotiated between the EU and the US. The main aims of the proposed agreement are to increase trade...more

Canada’s Integrity Framework Gets a Makeover: What Public Contractors Need to Know

On July 3, 2015 Public Works and Government Services Canada (PWGSC) released its anticipated revisions to the Integrity Regime, which seeks to ensure it does business with ethical suppliers of goods and services in Canada and...more

Analysis of the Fair Pay and Safe Workplace Proposed Rule

The premise of the Executive Order is to improve contractor compliance with labor laws and to increase efficiency and cost savings in Federal contracting by requiring contractors to disclose violations of 14 labor laws and...more

Weekly Update Newsletter - July 2015

GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue Final Rule to Amend FAR: Inflation Adjustment of Acquisition Related Thresholds - The Department of Defense (DoD), General Services Administration (GSA), and...more

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