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Government Accountability Office Federal Acquisition Regulations (FAR)

Proskauer - Labor Relations Update

United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement...

In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor...more

Bass, Berry & Sims PLC

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

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On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more

Morrison & Foerster LLP - Government...

June 2024 Bid Protest Roundup

This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an...more

Bass, Berry & Sims PLC

Welcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production Awards  

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We have addressed on this blog questions relating to jurisdiction at the GAO, Court of Federal Claims (CFC), and district courts to hear suits relating to awards using the government’s Other Transaction (OT) authority....more

Holland & Knight LLP

Potential Implications of a Trump Presidency for Unspent Out-Year Federal Appropriations

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During the first two years of the Biden Administration, U.S. Congress appropriated significant amounts of funding outside the regular annual process for several major multiyear initiatives. Major examples include the...more

Fox Rothschild LLP

COFC Says GAO has been wrong on Photocopied Bid Bond Signatures for Decades

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Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s...more

Fox Rothschild LLP

Can the Government Ignore Red Flags of Set-Aside Fraud?

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The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more

Morrison & Foerster LLP - Government...

Has The GAO Opened The Door To Certain Other Transaction (OT) Bid Protests?

Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the...more

PilieroMazza PLLC

Is It Time for Regulations on GSA’s Contractor Teaming Arrangements?

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In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint...more

Mayer Brown

US GAO Decision Shows Danger of Allowing SAM Registration to Lapse During Solicitation Period

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On April 1, 2024, the Government Accountability Office (GAO) sustained a bid protest by TLS Joint Venture, LLC because the awardee’s registration in the System for Award Management (SAM) lapsed before the government awarded...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – April 2024 #4

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Federal Acquisition Regulation (FAR) Council Final Rule: Sustainable Procurement - On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a...more

Cohen Seglias Pallas Greenhall & Furman PC

What in the SAM Hill Happened to My Contract?

The System for Award Management (SAM) is the official website for registering to do business with the U.S. government, such as competing for federal procurement contracts. Under FAR 52.204-7, “an Offeror is required to be...more

Maynard Nexsen

GAO Decision Shows that Even a 1-Day Lapse in SAM Registration Can Sink Your Bid

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As many government contractors know all too well, doing business with the government requires contractors to become familiar with and adhere to countless rules and regulations governing the procurement process. As shown in a...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – April 2024 #2

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Federal Acquisition Regulation (FAR) Council Notice:  FAR Part 40, Information Security and Supply Chain Security, Request for Information (RFI) - On April 10, the General Services Administration, Department of Defense,...more

Bradley Arant Boult Cummings LLP

SAM Registration Lapse Can Now Cost You a Contract Award

The Government Accountability Office (GAO), in TLS Joint Venture, LLC, B-422275, recently sustained a bid protest alleging that the contract awardee’s System for Award Management (SAM) registration lapsed between the...more

Fox Rothschild LLP

Procrastination Has Consequences: How Waiting Until the Last Minute to Renew Their SAM Registration Cost a Contractor Millions

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The Government Accountability Office (“GAO”) recently sustained a protest of a contract award because the winning contractor failed to maintain their System for Award Management (“SAM”) registration from the date their...more

Miles & Stockbridge P.C.

Recent GAO Decision Requires Continuous Registration in the System for Award Management for Government Contract Award Eligibility

Companies competing for federal contracting opportunities now have yet another reason to fear their proposals being rejected and their awards getting overturned....more

Wiley Rein LLP

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

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WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – March 2024 #2

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Keys to Avoiding GAO’s Timeliness Trap - GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement....more

PilieroMazza PLLC

Keys to Avoiding GAO’s Timeliness Trap

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GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement. Specifically, Marathon reinforces a...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission....more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – March 2024

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House Passes $460 Billion Package of Spending Bills. Senate Expected to Act Before Shutdown Deadline, Federal News Network - The House passed a $460 billion package of spending bills Wednesday that would keep money...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 6

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Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more

Bass, Berry & Sims PLC

Bid Protest Minute: GAO’s Task Order Jurisdiction

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On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Standing, Brand-Name Or Equal, Insufficient Documentation

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO)....more

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