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Government Accountability Office

Post-Award Protest Primer: Part 3

Part 3: Timeliness and Timelines - Now that we’ve discussed the award letter and debriefings, we’ll move on to next steps: timeliness of initial protest filings and the protest timeline. In the context of all post-award...more

Proposals are Only as Strong as their Weakest Link: GAO Affirms Non-responsiblity Determination Based on Subcontractor’s Lack of...

by Bass, Berry & Sims PLC on

The GAO recently denied Leidos Innovations Corporation’s protest of a determination that Leidos was ineligible to receive a $272 million award by the U.S. Army despite Leidos having both the highest-rated technical proposal...more

House Financial Services subcommittee to hold July 12 hearing on community financial institution relief; bills to be examined...

by Ballard Spahr LLP on

On July 12, 2017, a subcommittee of the House Financial Services Committee will hold a hearing entitled “Examining Legislative Proposals to Provide Targeted Regulatory Relief to Community Financial Institutions.” The...more

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

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses the latest FAA reauthorization bills, the Department of Homeland Security’s enhanced aviation security measures, the DOT Inspector General’s audit...more

Risks For Contractor With New Info After Proposal Submission

Government contractors frequently find themselves in a sticky situation where, after submitting a “best and final offer” (BAFO), but before award, they learn that material information provided in their proposal has become...more

June 2017 Protest Roundup

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

GAO Releases Report on Evaluation Methodology in Hospital Value-Based Purchasing Program

by King & Spalding on

On June 30, 2017, the Government Accountability Office (GAO) released a report on the Hospital Value-Based Purchasing (HVBP) program, which evaluates hospital performance on quality and efficiency measures, and provides...more

GAO Report on Lifeline Released

On June 29th, 2017, the GAO released its long-awaited report on the Lifeline program. The report has already generated multiple statements that waste, fraud and abuse are “prevalent,” and that “everything” is wrong with the...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

CFIUS and Real Estate - Renewed focus on national security concerns surrounding foreign acquisitions of U.S. real estate

The expanding influx of foreign investments in U.S. real estate has drawn the attention of three key U.S. Senators amid national security concerns. Senators Ron Wyden (D-OR), ranking member of the Senate Finance Committee;...more

GAO Makes Rare Finding of Error in Past Performance Evaluation, and Underscores Incumbents Are Not Automatically Entitled to...

by Reed Smith on

The GAO recently sustained a protest challenging the U.S. Coast Guard’s evaluation of past performance in a task order competition to obtain information technology support services under a multiple-award IDIQ enterprise...more

GAO: Agency Reasonably Concerned Over Lack Of Price Increases

by Fox Rothschild LLP on

We often discuss the need for government contractors to Read and React when responding to a proposal: (1) Read the RFP and understand all of the requirements and limitations and (2) React to the RFP’s evaluation scheme by...more

OIG Claims Medicare Improperly Paid Over $700 Million Medicare and Medicaid EHR Incentive Payments

by King & Spalding on

On June 12, 2017, OIG released a report on Medicare and Medicaid electronic health record (EHR) incentive payments, claiming that between May 2011 and June 2014, CMS paid an estimated $729 million to eligible professionals...more

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions. We address below decisions...more

The Internet of Things: A Trifecta of Cyber and Physical Threat Risks

by Wilson Elser on

The recent WannaCry ransomware cyberattack provided another chilling reminder of the potential disruptive power behind the Internet of Things. Even before the WannaCry attack in May 2017, a distributed-denial-of-service...more

Trade & Manufacturing - News of Note - May 2017

by King & Spalding on

U.S. Government To Investigate Effects Of Steel, Aluminum Imports On National Security - In late April, Commerce Secretary Wilbur Ross initiated two investigations to determine the effects of imported steel and aluminum on...more

GAO to opine on whether CFPB indirect auto finance guidance is a rule subject to disapproval under the Congressional Review Act

by Ballard Spahr LLP on

American Banker has reported that the Government Accountability Office has accepted a request from Senator Pat Toomey on whether the CFPB’s indirect auto finance guidance issued in March 2013 is a “rule” under the...more

On-Time Bid Proposals—Not a Second Too Late

by Reed Smith on

Submitting your company’s bid proposal close to the deadline can be risky and have grave consequences. The government has repeatedly rejected proposals submitted before, but received after, the deadline because of technical...more

Trade & Manufacturing Alert - May 2017

by King & Spalding on

Public Comments And Hearing Regarding Administration Report On Significant Trade Deficits - On April 17, 2017, the Office of the United States Trade Representative (USTR) and the U.S. Department of Commerce’s International...more

GAO Offers Insight Into Winning (And Losing) Bid Protest Arguments

by Fox Rothschild LLP on

Government contractors know the odds on GAO bid protests – are they are not all that good. Even with a noticeable uptick, the statistics reveal that less than 1/4 (about 23%) of all bid protests were sustained in FY 16. ...more

Intervening in a Bid Protest: A Must in the Current Procurement Atmosphere

by Pepper Hamilton LLP on

Your company has been awarded a contract based on the work of your team to identify a federal business opportunity and create a winning proposal. But before you can start performing your contract, a protest is filed. What are...more

Late is Late: A Guide To Delivering Electronic Proposals On Time

by Fox Rothschild LLP on

This is not a unique story – but there is still a lesson for Federal contractors to learn. A recent GAO decision considered an electronic proposal submitted by email just prior to the 4:00 p.m. deadline. Although the...more

Federal Bill Seeks to Create Portable Benefits for Gig Economy Workers

by Littler on

Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand...more

GAO Agrees to Decide the Legality of the Leveraged Lending Guidance; Indicates Decision Will Take “at Least a Few Months”

On May 23, the Government Accountability Office (GAO), in a letter to Senator Patrick Toomey, R-Pa., agreed to determine whether the Guidance on Leveraged Lending jointly issued in 2013 by the Board of the Governors of the...more

What the First-Ever Bill Promoting Portable Benefits for Independent Contractors Does – And Does Not Do

by Pepper Hamilton LLP on

Independent contractors and other contingent workers are not currently eligible for workers’ compensation, disability benefits, health insurance coverage, and pension benefits under federal and most state laws. This may well...more

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