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FY25 NDAA to Explore a Souped-Up "Loser Pays" Rule for GAO Bid Protests, Raise Pleading Standards and Jurisdictional Threshold to...

Congress is on the cusp of finalizing the FY25 National Defense Authorization Act (NDAA) and sending it to the President for his signature. The compromise version of the bill recently released by the House Armed Services...more

The General Services Administration Cannot Agree with Its Inspector General on How to Price Multiple Award Schedule Contracts - Is...

Under the Competition in Contracting Act of 1984 (CICA), awarding a contract under the U.S. General Services Administration's (GSA) Multiple Award Schedule (MAS) is a competitive procedure—so long as the MAS program is...more

Past Performance Ratings for Other Transaction Agreements? Congress Is Considering How Much of the FAR Should Apply to OTAs

One of the primary benefits of the federal government’s Other Transaction Authority (OTA) is that it avoids delays, regulatory burdens, and expenses associated with the Federal Acquisition Regulation (FAR) and agencies’ FAR...more

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more

New FAR Provision and Pending Supreme Court Case Highlight Lack of Clear Rules on Communications Between Government and Industry...

Several years after initially proposing the rule and receiving feedback from federal contractors and a prominent government contracting scholar, the Federal Acquisition Regulatory Council recently released a final rule...more

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