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Everybody’s Crying National Security, Just as Long as There’s Business First

The title of this article is based on a line in an old song, “Everybody’s Crying Mercy,” by Mose Allison. As modified, the couplet captures the cognitive dissonance that many are feeling as a result of the federal...more

When Selecting Protest Grounds, Don’t Forget the Prejudice

Sometimes the most basic rules can be the easiest to forget. One case in point relates to the key role of competitive prejudice in successful protests. No matter how often contractors hear it, this reality bears repeating,...more

How Soon Is Soon Enough for Corrective Action to Preclude Recovery of Protest Costs?

Contractors whose protests result in the challenged agency’s taking corrective action may attempt to recover their protest costs, particularly when they feel that the corrective action was unduly delayed....more

Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them

When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency...more

Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires

Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement....more

New Changes to the ITAR Focus on Unclassified Technical Data And the release of “Access Information”

As part of its years-long project to update and revise the International Traffic in Arms Regulations (ITAR) and better align them with the Export Control Regulations, the Department of State (DoS) recently amended the ITAR...more

When the Government Asks for Required Information, Answer (But First Make Sure You Have Prepared for the Question).

You might think that this could go without saying, but apparently it can’t: If you want to succeed in your dealings with the federal government, you need to timely provide information required by law, particularly when...more

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more

Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits

Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government...more

Short Take: Proposed Rule Raises Certified Cost or Pricing Threshold to Implement Section 811 of FY18 NDAA

On October 2, 2019, DoD, GSA and NASA issued a proposed rule amending the FAR to implement Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. The amendment increases the threshold for...more

Your Proposal Says What It Says: The GAO Does Not Engage in Revisionist History

Disappointed offerors sometimes attempt to challenge contract awards by arguing that the agency did not properly take into account a particular aspect of their proposals. As the recent Government Accountability Office (GAO)...more

Procurement Fraud Is Alive and Well—and Being Punished

The recent guilty plea of a furniture company sales executive provides a timely reminder that contractors continue to engage in procurement shenanigans–and continue to get caught. In such circumstances, crime definitely does...more

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