News & Analysis as of

Government Accountability Office

Senate Democrats Introduce “Better Deal” Antitrust Enforcement Legislation

As part of the effort to rebrand the party and reconnect with working-class voters who were lost in the presidential election, congressional Democrats revealed a new populist policy agenda, titled “A Better Deal: Better Jobs,...more

Substantively Non-Protestable Issues (Post-Award Protest Primer #8)

In our last post, we discussed a few procedural rules that can exclude an otherwise meritorious ground from protest. There are also a number of substantive issues that the GAO’s rules exclude from review. See 4 C.F.R. §...more

When Is a Low Price a Problem? Understanding Realism.

by PilieroMazza PLLC on

Contractors are often confused after receiving a debriefing during which the Government states the contractor’s proposed price was too low. The disappointed offeror wonders, why would the Government want to pay a higher...more

NAICS Code Appeals: One Size Does Not Fit All

The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal. Instead, different size standards define small business status for different procurements. The...more

Disaster Relief Contracting: How to Avoid the Pitfalls

by Blank Rome LLP on

Hurricane Harvey’s damage to Texas and other areas is virtually unprecedented and is already estimated to be in the tens of billions of dollars. And Hurricane Irma, hurtling towards Florida, could likewise cause catastrophic...more

August 2017 Protest Roundup

There is no question that procurement regulations give agencies significant discretion at every step of the procurement process, and protesters often have a hard row to hoe to overcome the agency’s exercise of that...more

GAO Connected Vehicles Data Privacy Report Highlights Auto Industry Progress, Issues Directive to NHTSA

by King & Spalding on

The Government Accountability Office (“GAO”) has released a report to the House of Representatives Committee on Science, Space, and Technology, Subcommittee on Research and Technology, entitled “Vehicle Data Privacy: Industry...more

Winning the Corrective Action, and Using Clarifications Instead of Discussions

In a recent Protest Roundup, we discussed Dell Federal Systems, LP v. United States, 2017 WL 2981811 (Fed. Cl. July 3, 2017), a case in which a contractor successfully challenged the scope of the voluntary corrective action...more

Procedurally Non-Protestable Issues (Post-Award Protest Primer #7)

Before diving into the various protest grounds that may result in a sustained protest at the GAO, let’s look at some sure losers. These are issues that are not protestable and would likely result in a quick dismissal. This...more

In Removing HSD Tables From Applications, CMS Opens the Door to Medicare Advantage Growth

by Faegre Baker Daniels on

Recently, the Centers for Medicare & Medicaid Services (CMS) released its draft 2019 Medicare Advantage application. Health plans seeking to participate in the Medicare Advantage (MA) program for the first time or expanding...more

Blog: GAO Report On Gold Supply Chain Reveals Little Progress In Responsible Sourcing

by Cooley LLP on

The GAO has issued a new report on conflict minerals focused in this instance on the supply chain for artisanal and small-scale mined (ASM) gold in the DRC region. The report also addressed efforts to encourage responsible...more

Protesting FAA Awards: Understanding the Nuances

by PilieroMazza PLLC on

Nearly every federal agency is required to follow the Federal Acquisition Regulation (“FAR”). However, one exception is the Federal Aviation Administration (“FAA”), which is not required to comply with the FAR but rather has...more

Proposal Prep Tips: Better Does Not (Necessarily) Mean “Best Value”

by Fox Rothschild LLP on

In a recent post, I discussed new legislation that could signal an uptick in Best Value procurements for complex service-based contracts. In the view of many (including me), more Best Value RFPs is a win/win for both...more

GAO Recommends that PHMSA Evaluate its Model for Pipeline Safety Inspections

by Beveridge & Diamond PC on

Pipeline safety and infrastructure issues have gained attention in recent years due to tight oil resources production, changes in regulations, and several high-profile incidents. On Thursday, August 3, the U.S. Government...more

AGG Food and Drug Newsletter - August 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Stays of Contract Award and Performance (Pre-Award Protest Primer #6)

Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer,...more

House Wants Uncle Sam To Purchase COTS Items From Amazon And Other Online Sellers

The House version of the 2018 National Defense Authorization Act (“NDAA”) (passed July 14, 2017) includes key provisions that would radically change the way the Government purchases certain commercial items, and it may result...more

Senate Passes Long-Awaited FDA User Fee Package

Following nearly two years of negotiations and hearings examining the Generic Drug User Fee Amendments (GDUFA) and the Biosimilar User Fee Act (BsUFA), the Prescription Drug User Fee Act (PDUFA) and the Medical Device User...more

Key Personnel Departures: The Death Knell for Pending Federal Agency Proposals

by Jones Day on

In 2014, the U.S. Government Accountability Office ("GAO") sustained a protest by Paradigm Technologies, Inc., challenging the award of a contract to an offeror, where its proposed contract program manager (a key personnel...more

GAO Protective Orders (Post-Award Protest Primer #5)

Post-award protests generally involve arguments about confidential, source-selection sensitive information – proprietary bid and proposal material, past performance data, cost and pricing information, nonpublic agency...more

2018 NDAA Could Raise the Stakes for Companies Filing Bid Protests on DoD Contracts

by PilieroMazza PLLC on

The U.S. Senate has proposed a provision in the 2018 National Defense Authorization Act that, if adopted, would raise the stakes for larger firms in filing bid protests. The provision would apply to protests against DoD...more

Update on Successes and Hurdles in Improving 340B Program Oversight

On July 18, 2017, the Government Accountability Office (GAO) issued a follow-up report entitled “Update on Agency Efforts to Improve 340B Program Oversight.” In its initial report in 2011, the GAO highlighted the inherent...more

July 2017 Protest Roundup

In July 2017, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims issued decisions covering a number of issues. We address the decisions below on the following issues of interest: (1) agency...more

Government Contracting 101: GAO Requests For Reconsideration

by Fox Rothschild LLP on

Government contractors usually find themselves appearing before the Government Accountability Office (GAO) on a bid protest for one of two reasons: (1) you believe that the government erroneously did not award a contract to...more

Senate’s Bid Protest Reforms a Step Backwards for Transparency

by Reed Smith on

On July 10, 2017, the U.S. Senate placed the FY 2018 National Defense Authorization Act on its Legislative Calendar. This action means the historically must-pass legislation is now ready for amendment and debate. Just as it...more

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