News & Analysis as of

Government Accountability Office

AEIOU and Sometimes IDIQ – Indefinite Delivery/Indefinite Quantity Contract Use Remains Proportional.

As we previously discussed both on this blog and elsewhere, observational and indirect evidence told us that the use of Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracts was expanding. As it turns out, from...more

Changes to Stabilize HealthCare.gov Have Implications for Employer Sponsored Health Plans

by Winstead PC on

We learn early on that for any action there is a reaction. On Friday, the Department of Health and Human Services released “Market Stabilization” final regulations that will impact group health plans as they plan for 2018....more

What’s New in Washington: 10 Things You Need to Know

Congress entered into its spring recess on April 7 having delivered regulatory reforms to President Trump’s desk. In the first 75 days of the Trump administration, legislators approved 13 Congressional Review Act resolutions,...more

Legality of the Leveraged Lending Guidance is Questioned

On March 31, Senator Patrick Toomey (R-Pa.) sent a letter to the Government Accountability Office (GAO) requesting that the GAO determine whether the Guidance on Leveraged Lending jointly issued in 2013 by the Board of...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

Anatomy of a Protest at the U.S. Court of Federal Claims

The next in our Infographics series shows the anatomy of a Protest at the U.S. Court of Federal Claims. Although protests at the Court are not subject to the same timeline as at the GAO, this infographic provides a...more

GAO Declines to Apply GAO Civilian Task and Delivery Order Protest Authority Act Retroactively to Lapse in Jurisdiction

In two recent opinions, the Government Accountability Office (“GAO”) has declined to reconsider protests it dismissed during the recent lapse in its jurisdiction over protests of civilian agency task and delivery orders...more

GAO Finds Decline in Compliance With Reporting Lobbying Dollars; Enforcement on the Rise

by Nossaman LLP on

On Friday, March 31, 2017, the United States Government Accountability Office (GAO) published its annual audit of compliance with the Lobbying Disclosure Act of 1995 (LDA), as amended by the Honest Leadership and Open...more

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more

March 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s tentative award of Mexico City slots, DHS/TSA’s prohibitions on the in-cabin carriage of certain personal electronic devices on nonstop flights to...more

Contractors: Be on the Lookout to Challenge Unreasonable Agency Procurements

by Polsinelli on

Since government agencies are given substantial discretion in creating solicitations and evaluating proposals, contractors are frequently at a disadvantage in identifying and challenging improprieties. But that discretion is...more

Control is a Key Element in Determining Affiliation for SBA Small Business Size Determination

by Polsinelli on

The most common reason for contractors failing to meet the Small Business size standards set by the Small Business Administration (SBA) is because they are found to be affiliated with other companies, such that one company...more

The Top 10 Government Contracting Compliance Headaches in 2017

by Holland & Knight LLP on

In the government contracting industry, compliance related issues tend to take place. With administration and party changes, 2017 promises to offer additional complexities. Confusion amongst government contracting...more

GAO, states jump into battles to rein in Big Pharma’s sky-high prices

Big Pharma’s skyrocketing prices are finally in for some real scrutiny by the U.S. Government Accountability Office (GAO), as well as new initiatives in the Maryland and New York statehouses....more

Weekly Update Newsletter - March 2017 #4

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Small Business Investment Companies: Passive Business Expansion and Technical Clarifications - The delayed effective date for SBA’s final rule on Passive Business Expansion and...more

Organizational Conflicts of Interest: An Issue That Requires Government Contractors To Be Proactive

by Pepper Hamilton LLP on

In an effort to ensure there is no OCI or that your mitigation plan is effective and timely implemented, government contractors must be proactive when reviewing the agency’s needs in light of its mission, the solicitation,...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

2016 GAO Bid Protest Annual Report

by PilieroMazza PLLC on

GAO recently released its annual report to Congress, which included data concerning its protest ?lings for Fiscal Year 2016. Based on the data, 2016 was an historic year. GAO not only decided more cases on the merits in...more

CFIUS Reform Turns to Food Security

by Hogan Lovells on

Congressional efforts to reform the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee that conducts national security reviews, continue apace. This week saw the introduction...more

Weekly Update Newsletter - March 2017 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Administrator Honors Nation’s Top Small Businesses.” Small Business Administration Press Release, March 16, 2017. Retrieved from https://www.sba.gov. Administrator Linda...more

Expect a Change to Regulation of Non-Bank Mortgage Servicers

by Baker Donelson on

Last month, Citigroup announced plans to exit the mortgage servicing business and sell off a $97 billion portfolio to a non-bank servicer and transfer their remaining mortgage servicing rights (MSRs) to another non-bank...more

Timing is Everything – GAO Refuses to Apply Jurisdiction Retroactively

by Bass, Berry & Sims PLC on

As we previously reported here and here, between October 1 and December 14, 2016, the Government Accountability Office (GAO) lacked jurisdiction to hear most civilian agency task order protests (its jurisdiction over protest...more

The Past is Prologue: Current Trends in Government Contract Spending Over the Past Five Years – GAO Issues Trend Analysis Report

In its March 9, 2017 report entitled, “Contracting Data Analysis – Assessment of Government-Wide Trends”, GAO No. GAO-17-244SP (the “Report”), GAO has found that defense obligations for products and services decreased by a...more

February 2017 Protest Roundup

In February 2017, the Government Accountability Office (GAO) publicly released notable decisions addressing (1) the effect of the temporary lapse in GAO’s civilian task order jurisdiction; (2) discussions, clarifications, and...more

Recent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications

by McCarter & English, LLP on

In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable?  Have you ever wondered why the Government...more

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