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
This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease...more
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
In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more
The Federal Acquisition Regulatory Council (FARC) issued a new final interim rule requiring contractors to review their supply chain to ensure no companies, products or services they are providing the federal government or...more
The U.S. Equal Employment Opportunity Commission (EEOC) requires certain private employers and federal contractors to submit and certify reports concerning their workforce demographic data. This data collection, known as the...more
Unique Entity ID replaces DUNS in EEO-1 Report. As we previously reported, the Equal Employment Opportunity Commission made some material changes to the EEO-1 Report. One of these changes mandates that federal...more
On August 29, 2023, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) issued proposed regulations (the “Proposed Regulations”) providing proposed rules governing the prevailing wage and...more
On May 23, 2023, the Court of Federal Claims (COFC) granted a preliminary injunction halting the award and performance of a contract awarded to Cloud Harbor Economics, LLC Cloud Harbor from the Department of Health and Human...more
This past month, bid protest decisions from both the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) provided important reminders of procedural rules that protesters and intervenors alike must...more
Debt Ceiling and Spending Deal: H.R. 3746 – Fiscal Responsibility Act of 2023 - The Fiscal Responsibility Act of 2023, signed by President Biden on June 3, 2023, increases the federal debt limit, establishes new...more
Protests filed at the U.S. Court of Federal Claims (“COFC”) differ in many ways from protests before the U.S. Government Accountability Office (“GAO”). For example, protests before GAO are uniform given that they are...more
The System for Award Management (SAM.gov) is an official website of the U.S. government that federal contractors must use to register to do business with the federal government, including updating and maintaining their entity...more
In 2006, the documentary An Inconvenient Truth chronicled former Vice President Al Gore’s efforts to educate the public on the consequences of climate change. In the sixteen years since the Academy Award-winning film was...more
WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule requiring certain contractors to make representations regarding greenhouse gas (GHG) emissions and climate-related financial risk,...more
The Biden Administration unveiled details regarding a forthcoming proposed Federal Acquisition Regulation (FAR) rule on Greenhouse Gas (GHG) emission disclosures for major federal suppliers on November 10, 2022....more
As many contractors know all too well, the System for Award Management (SAM) has had a rocky 2022 driven by the transition from the Data Universal Numbering System (DUNS) to the assignment of Unique Entity IDs (UEI) through...more
There have been significant delays in registering entities at SAM.gov, and that has been adversely impacting the ability of some federal contractors to respond to certain procurements/solicitations because FAR 4.1102(a)...more
As government contractors are all too aware, the transition from DUNS numbers to the SAM assigned Unique Entity Identifier (UEI) is causing a myriad of problems, which are jeopardizing contractor payments, awards, and ability...more
WHAT: The U.S. General Services Administration (GSA) has officially transitioned the System for Award Management (SAM.gov) to no longer use data universal numbering system (DUNS) numbers from Dun & Bradstreet (D&B), and now...more
With another government fiscal year behind us, it's time to examine full fiscal year suspension and debarment data available in the System for Award Management, or SAM. As has been the case annually since the close of fiscal...more
In today’s competitive market, more and more businesses are choosing to pursue new contract opportunities as Joint Ventures (or, “JVs”). JVs allow companies to combine capabilities, which allows them to not only perform...more
In a bid protest decision released on Aug. 27, 2021, the Government Accountability Office (GAO) has resolved a long-simmering question regarding joint ventures and facility clearances. Specifically, in InfoPoint, LLC,...more
Government contractors currently access the U.S. General Services Administration’s System for Award Management (referred to in the industry as “SAM”) for only a few fundamental tasks: Register to do business with the U.S....more
On March 11, 2021, President Biden signed the American Rescue Plan Act into law. This legislation provides additional pandemic relief for small businesses, adds grants for restaurants, increases funding for grants for...more