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
3/13/2020
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Defense (DOD) ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Prohibited Transactions
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
3/6/2020
/ Bid Protests ,
Competition ,
Competitive Bidding ,
Diminution in Value ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
Leases ,
Office Space ,
Unfair Prejudice ,
Value Statements
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
2/28/2020
/ Bid Protests ,
Bid Solicitation ,
Competitive Bidding ,
Corrective Actions ,
Cost Recovery ,
Delays ,
Department of Justice (DOJ) ,
FBI ,
Federal Contractors ,
GAO ,
Regulatory Requirements ,
Reimbursements ,
Service Contracts ,
Small Business
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
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
Several years ago, the head of the State Department’s Director of Defense Trade Controls (DDTC) explained that, when a company engaged in substantial exporting makes no voluntary disclosures of export control violations,...more
1/17/2020
/ Arms Export Control Act ,
CFIUS ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Directorate of Defense Trade Controls (DDTC) ,
Economic Sanctions ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
International Emergency Economic Powers Act (IEEPA) ,
International Sales ,
Regulatory Requirements ,
Regulatory Violations ,
Sanction Violations ,
Self-Disclosure Requirements
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
1/10/2020
/ Controlled Unclassified Information (CUI) ,
Data Management ,
Data Transfers ,
Encryption ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Interim Rule ,
ITAR ,
Outer Space ,
Prior Authorization ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process ,
US Department of State
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
12/6/2019
/ Cancellation Rights ,
Change of Ownership ,
Corporate Structures ,
Department of Veterans Affairs ,
Eligibility ,
Failure to Comply ,
Limited Liability Company (LLC) ,
Request For Information ,
SBA ,
SDVOSB ,
Small Business ,
Veterans
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
11/20/2019
/ Acquisitions ,
Bid Solicitation ,
Competitive Bidding ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Information Technology ,
LPTA ,
NDAA ,
Orders of Prohibition ,
Procurement Guidelines ,
Statutory Violations ,
Technology Sector ,
US Air Force
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
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
11/13/2019
/ Construction Industry ,
Data Reporting ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
NASA ,
NDAA ,
Proposed Rules ,
Rulemaking Process ,
Threshold Requirements
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
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
8/16/2019
/ Competitive Bidding ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Statements ,
Federal Contractors ,
Fraudulent Procurement ,
Government Investigations ,
Guilty Pleas ,
Inspector General ,
Procurement Guidelines