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Solicitation Federal Contractors

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...

Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...more

Morrison & Foerster LLP - Government...

A Sigh Of Relief: DOD Issues Class Deviation For DFARS 252.204-7012

On May 2, 2024, the U.S. Department of Defense (DoD) issued an important class deviation that provides necessary relief for contractors endeavoring to comply with ever-changing cybersecurity requirements. The deviation...more

Holland & Knight LLP

Holland & Knight Defense Situation Report: April 2024

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Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...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

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

Fox Rothschild LLP

How to Protest an Agency’s Decision Canceling a Solicitation

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The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with the lowest responsive bid. However, as is usually the case, there are...more

Morrison & Foerster LLP - Government...

November 2023 Bid Protest Roundup

This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more

Schwabe, Williamson & Wyatt PC

Karthik Consulting Case Opens Up Interesting Nuance for SBA Program

Karthik Consulting, LLC v. United States, Case No. 23-944, a recent Court of Federal Claims case, identifies an essential nuance in determining the eligibility of contractors who have graduated from the Small Business...more

Jenner & Block

Government Contracts Legal Round-Up - July 2023 Issue 14

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Holland & Knight LLP

Holland & Knight Defense Situation Report: June 2023

Holland & Knight LLP on

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more

Schwabe, Williamson & Wyatt PC

The Importance of Active Registration: Lessons for Federal Contractors

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

McCarter & English Blog: Government Contracts...

Blessing or Burden? GAO Decision Casts New Light on Joint Venture Experience

The Government Accounting Office (GAO) recently issued MiamiTSPi, LLC-Reconsideration, an important decision concerning a procuring agency’s obligation to consider, when evaluating a joint venture, the experience of not only...more

PilieroMazza PLLC

Lapse in SAM Registration Disqualifies Government Contractor from Contract Award

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The Court of Federal Claims (COFC) recently interpreted FAR Clause 52.204-7, which requires offerors to register in the System for Award Management (SAM), to indicate that even a slight lapse in a contractor’s SAM...more

Cozen O'Connor

Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests

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On Monday, May 22, 2023, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued its decision in M.R. Pittman Group, LLC v. United States, Case No. 21-2325, in which it overturned years of precedent...more

Venable LLP

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct...

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The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more

McCarter & English Blog: Government Contracts...

Sometimes Post-Proposal Communications Are More Than Sweet Nothings …

As most government contractors have experienced firsthand, procuring agencies routinely engage in a wide variety of communications after bids have been submitted. On occasion, these exchanges are quite minor and afford an...more

Lewis Roca

GAO Sustains Protest Where Awardee's Proposal Misrepresented Availability of Key Person

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The Government Accountability Office recently returned to the subject of the unavailability of key personnel listed in contract proposals. ASRC Federal Data Solutions, B-421008, December 2, 2022, 2022 CPD ¶ 294, is a bid...more

Holland & Knight LLP

Holland & Knight Defense Situation Report: February 2023

Holland & Knight LLP on

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. Legislative Updates: - General Congressional...more

Bass, Berry & Sims PLC

Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships

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Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for...more

Bass, Berry & Sims PLC

Clarification: You Can Recover for Changes Implementing Executive Orders

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The National Defense Authorization Act of 2023 includes a short but interesting provision reminding the Department of Defense (DoD) that the unilateral insertion of a new clause in a DoD contract is a change that may entitle...more

Wiley Rein LLP

New ‘Advisory Down Select’ Evaluation Approach Alters Contractors’ Protest Calculus

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We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...more

Morrison & Foerster LLP - Government...

DOD Issues Guidance In Advance Of Possible Failure To Reauthorize The SBIR/STTR Program

As of this posting, Congress has not yet reauthorized the popular Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Given the broad bipartisan support for these programs, most...more

Morrison & Foerster LLP - Government...

August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration

In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that...more

Dunlap Bennett & Ludwig PLLC

Differences Between Labor Categories In An Offeror’s Proposal and Solicitation Requirements

An interesting problem arose in a procurement for the acquisition of audit support services. The solicitation stated that an offeror’s Federal Supply Schedule (FSS) Contract Labor Categories (LCATs) must “align precisely”...more

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