Government Accountability Office

News & Analysis as of

Paying for the Wall: Will President Trump’s Administration Scrutinize, Tax, or Seize Remittances?

One of the most significant post-election questions for the financial-services industry—particularly global financial institutions that move money across borders—is what is the status of President-elect Trump’s proposal to...more

The Oft-Underappreciated Value of Intervening

Many contractors are familiar with post-award bid protests. Soon after receiving notification of award, the contracting officer may notify the awardee that a bid protest has been filed by a disappointed offeror at the...more

2017 May Be an Eventful Year for Student Loan Industry

As expected, student loans were a major issue in 2016, as the presidential election brought the issue to the forefront and regulatory scrutiny continued to rise. 2017 is now upon us, and the CFPB wasted no time getting the...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

2016 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2016. The...more

Protesters’ Paradise at the GAO? Understanding the Rapid Rise in the GAO’s FY 2016 Bid Protest Sustain Rate

As a bid protest lawyer, one of the most frequent questions I hear from companies considering whether to pull the trigger and file a pre- or post-award bid protest is “Can we win?” My response – regardless of the meritorious...more

Weekly Update Newsletter - January 2017

GOVERNMENT CONTRACTS - Memorandum: Implementation of Defense Federal Acquisition Regulation Supplement Final Rule 2016-D002, Enhancing Effectiveness of Independent Research and Development On January 4, 2017, the Under...more

Differing GAO Task Order Protest Thresholds

On December 23, 2017, President Obama signed the 2017 National Defense Authorization Act (NDAA), which contains changes to the Government Accountability Office’s (GAO) jurisdiction over contractor bid protests of task order...more

Task and Delivery Order Bid Protests Are Back in Business at the GAO

New Legislation Reinstates GAO’s Civilian Task Order Protest Jurisdiction, but the 2017 NDAA Will Up the Threshold for Non-Civilian Agency Task Order Procurements...more

Jurisdictional Changes for Bid Protests

Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more

UPDATE: Civilian Task Order Protest Jurisdiction Already Restored, DoD Task Order Threshold Likely to Increase Soon

As we reported on December 14, 2016, on December 8, the Senate passed the National Defense Authorization Act (NDAA) of 2017, which calls for changes to the Government Accountability Office’s (GAO) jurisdiction over civilian...more

GAO Highlights Barriers to Small & Rural Provider Participation in Medicare Value-Based Payment Models

CMS has developed a variety of Medicare value-based payment models that tie payments to quality and efficiency metrics, and the importance of such models to physicians will increase under the new Quality Payment Program. The...more

New Statutes Impact Bid Protests of Task Order Awards

Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more

UPDATE: GAO Jurisdiction over Task Order Protests Valued at More Than $10 Million Restored

On December 14, 2016, President Obama signed H.R. 5995 into law, removing the sunset provision from 41 U.S.C. § 4106 for jurisdiction over task order protests valued at more than $10 million. The GAO Civilian Task and...more

GAO Calls for Improvements to CMS Nursing Home Rating System

The Government Accountability Office (GAO) has reviewed the Medicare Five-Star Quality Rating System for nursing homes and identified several factors that may prevent consumers from using the website “as an easy way to...more

GAO Assesses Impact of Medicare DMEPOS Competitive Bidding Program on Beneficiary Access, OIG Documents Market Share for Diabetes...

The number of Medicare beneficiaries who received durable medical equipment (DME) items generally fell after Round 2 of competitive bidding program (CBP) and the national mail-order program for diabetes testing supplies were...more

GAO Bid Protest Sustain Rate Nearly Doubles in FY 2016

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, the report states that, “[o]f the protests resolved on the merits during fiscal year 2016, [GAO]...more

Congress Restores GAO’s Civilian Task Order Jurisdiction, Even Before NDAA Becomes Law

We recently noted in this blog that the National Defense Authorization Act (NDAA) for 2017 is set to restore the Government Accountability Office's (GAO) jurisdiction to hear protests of task and delivery orders issued by...more

Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces New Differences Between...

On December 8, 2016, the Senate passed the National Defense Authorization Act (NDAA) of 2017 previously passed by the House, and the legislation is pending President Obama’s signature. Once signed, Section 835 of the NDAA...more

GAO Audits EPA’s Management of Superfund Sites

In May 2015, U.S. Senators Rounds and Inhofe of the Committee on Environment and Public Works submitted a request to U.S. Government Accountability Office (“GAO”) to “review EPA’s efforts to clean up sites with contaminated...more

Plan Design Features That Crimp Retirement Savings

The Government Accounting Office (GAO) took a look at 80 401(k) plans and concentrated on the features that they believe limit an employee’s ability to save. While the Internal Revenue Code and ERISA currently allow all of...more

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

GAO Testifies On The Feasibility Of The RFS Program

On December 1, 2016, the Government Accountability Office (GAO) testified at a hearing before the U.S. Senate Subcommittee on Regulatory Affairs and Federal Management, Committee on Homeland Security and Governmental Affairs...more

Court Grants Challenge to Agency’s Corrective Action in Response to Protest

A recent court decision may provide other disappointed offerors a pathway for challenging agencies’ corrective action that unreasonably favors the original contract awardee. In Professional Service Industries, Inc. v. U.S.,...more

Proposed 2017 NDAA is a Mixed Bag for Government Contractors

Last month, we reported that the Government Accountability Office’s (“GAO”) statutory authority to hear bid protests on civilian task orders exceeding $10 million had expired, leading to a parade of dismissed protests and...more

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