News & Analysis as of

Government Accountability Office

Learning from Bid Protests: Don’t Lose Your Protest Before You Begin

by Bass, Berry & Sims PLC on

The U.S. Government Accountability Office (GAO) recently published four protest decisions that were all denied due to timeliness issues. This string of cases serves as a reminder that no matter how strong a protest’s basis...more

October 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 and CBP’s comprehensive reviews of their regulations, Congress’ FAA reauthorization extension legislation, the FAA’s adoption of new Stage 5...more

Weekly Update Newsletter - October 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Women-Owned Small Business Federal Contract Program NAICS Code Updates - The U.S. Small Business Administration (“SBA”) has updated the North American Industry Classification System...more

A Square Peg in a Round Hole – The GAO Sustains a Challenge to an Award That Includes Services Not Included in a GSA Schedule...

by Williams Mullen on

GSA’s Federal Supply Schedule program intends to provide a simplified process for agencies to procure supplies and services, while leveraging the terms and pricing of the commercial marketplace, as well as the Federal...more

Food & Beverage Litigation Update | October 2017

OIG Report Suggests Improvements to FSMA Enforcement - A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug Administration (FDA)...more

Unavailability of key personnel: a growing protest risk

by DLA Piper on

A recent decision from the US Government Accountability Office (GAO) confirms that an offeror may be excluded from a competition if an employee proposed as "Key Personnel" becomes unavailable before award....more

September 2017 Bid Protest Roundup

This roundup of notable bid protest decisions issued in September 2017 highlights three decisions, two at the Government Accountability Office (GAO) and one at the Court of Federal Claims (COFC). The first reminds us of the...more

FY 2018 Forecasts: Cloudy Skies for False Claims and Storms on the Protest Horizon?

This is the first in a short series of forecasts from our Government Contracts partners on things to watch for in government contracts in Fiscal Year 2018. For more in-depth discussions of current events and trends, please...more

Senate Proposes Major Overhaul to the GAO Bid Protest Process

by Blank Rome LLP on

On September 18, 2017, the Senate passed its version of the 2018 National Defense Authorization Act (“NDAA”). The proposed bill, which heads into conference with the House to resolve the competing bills, will implement...more

Weekly Update Newsletter - September 2017 #3

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “Rules of Practice for Protests and Appeals Regarding Eligibility for Inclusion in the U.S. Department of Veterans Affairs, Center for Verification and Evaluation Database” ...more

New GAO Decision Emphasizes “Should Have Known” Element Of Bid Protest Timeliness

by Fox Rothschild LLP on

The most common basis to establish timeliness for a Government Accountability Office (GAO) bid protest is found in Section 21.2 of the GAO’s regulations. Under the regulation, the protester must file the protest “not later...more

NRC Staff Recommends Not Pursuing a Potentially Costly Rulemaking regarding Radioactive Material, but Leaves the Door Open to...

by Bryan Cave on

Radioactive material is commonly used in the oil & gas and petrochemical industries and by cancer treatment providers. The use, storage, and transfer of radioactive material are often managed by companies’ health, safety, and...more

Latent Ambiguities and Non-Apparent Solicitation Defects (Post-Award Protest Primer #9)

Having discussed protest grounds you cannot or should not raise, we turn now to the first in a series of grounds that could result in a sustained protest: Latent Ambiguities and Non-Apparent Solicitation Defects....more

Senate Banking Committee Holds Fintech Hearing

The Senate Committee on Banking, Housing, and Urban Affairs held a hearing entitled “Examining the Fintech Landscape” on September 12, 2017. The witnesses were: Lawrance Evans, Director, Financial Markets, U.S. Government...more

Antitrust Bills Seek to Thwart Mega Mergers and Expand Antitrust Enforcement

by Jones Day on

In Short - The Situation: Democrats have proposed legislation that would make it easier for antitrust agencies to challenge mergers. - The Background: This announcement followed a proposal made in August, known as the "Better...more

Prime contractor found nonresponsible based on undisclosed vendor-vetting process - contingency contractors beware

by DLA Piper on

Contingency contractors should take note of a recent bid protest decision from the Government Accountability Office, which approved the Department of Defense's use of a special, non-transparent database to determine the...more

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

624 Results
|
View per page
Page: of 25
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.