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End of Fiscal Year Awards: Know Your Debriefing and Protest Procedures, Deadlines

As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more

DoD Proposes to Amend Definition of Commercial Items

On November 27, 2019, the Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Regulation Supplement (DFARS) regarding the Treatment of Certain Items as Commercial Items (DFARS Case 2019-D029). The...more

Annual GAO Report Says Bid Protest Activity Down in 2019, but Protestor "Effectiveness Rate" Remains Steady

On November 5, 2019, the U.S. Government Accountability Office (GAO) issued its annual Bid Protest Report to Congress for Fiscal Year 2019.  The annual report is a requirement of the Competition in Contracting Act and is an...more

Security Assessments May be Part of DoD Government Contracts Acquisition Process

Identifying threats and improving network and supply chain security has been an ongoing effort by Congress and the Department of Defense (DoD) for the past several years. Congress has included multiple provisions in the...more

Understanding Why GAO Sustained Protest of OT Production Contract

REAN Cloud LLC (REAN) entered into an Other Transaction (OT) Agreement with the Army (facilitated by DIUx) to provide prototype cloud migration services. While the prototype work was still being performed, the Army and REAN...more

Analysis of the Current Draft 2018 NDAA

This is the first blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Thornberry Acquisition Reform Bill Contemplates DoD’s Use of Online Marketplaces to Purchase COTS Products

Imagine if a DoD agency could purchase commercial-off-the-shelf products of any value simply by placing an order at an Amazon-like website – no need for solicitations, quotes, evaluation, or detailed price analysis and...more

The FAR Councils Drop 10 FAR Amendments in End-of-Fiscal-Year Blitz

On September 30, 2016, the Federal Acquisition Regulation (FAR) Councils issued 10 FAR amendments (nine final and one interim) on a broad range of topics. One rule imposes new risks for contractors with delinquent taxes or...more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

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