On November 16, 2021, the Government Accountability Office (“GAO”) issued its Bid Protest Annual Report for Fiscal Year 2021 (“FY 2021 Bid Protest Report”). The GAO’s annual Bid Protest Report to Congress—required under the...more
The Government Contracts and Global Trade Group is pleased to provide a summary of some of the key class deviations and other memoranda published by U.S. Government agencies implementing the federal contractor COVID-19...more
11/10/2021
/ Coronavirus/COVID-19 ,
Department of Agriculture ,
Department of Defense (DOD) ,
Department of Education ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Department of Veterans Affairs ,
DFARS ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
NASA ,
SBA ,
Securities and Exchange Commission (SEC) ,
Social Security Administration (SSA) ,
Subcontractors ,
U.S. Commerce Department ,
U.S. Treasury ,
US Department of State ,
Vaccinations
The General Services Administration (GSA) released its Class Deviation CD-2021-13 (the GSA Deviation), which, effective immediately, “provides instructions for the GSA acquisition workforce on when to include a new clause...more
10/13/2021
/ BPA ,
Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
GWACs ,
SLAT ,
Subcontractors ,
Vaccinations
If a company has one or more Organizational Conflicts of Interest (“OCIs”), its ability to compete for (or perform) a government contract in a fair and equitable manner is inherently called into question. In the context of a...more
While most of us have been returning to some normality this summer by heading back to favorite vacation spots, the Procurement Collusion Strike Force (“PCSF”)—an arm of the United States Department of Justice’s Antitrust...more
As you may recall, Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA required the US Department of Defense (DoD) to draft regulations to establish comprehensive post-award debriefing...more
In a time of uncertain federal budgets and an increasingly crowded marketplace, contractors of all sizes are on the lookout for ways to enhance their chances of winning federal business opportunities. Step one in this process...more
On December 21, 2020, the Department of Defense (DoD) Office of the Undersecretary of Defense for Intelligence & Security published a Final Rule codifying the National Industrial Security Program Operating Manual...more
2/26/2021
/ Code of Federal Regulations (CFR) ,
Department of Defense (DOD) ,
False Claims Act (FCA) ,
Federal Contractors ,
Final Rules ,
FOCI ,
Foreign Ownership ,
National Industrial Security Program (NISP) ,
National Security ,
NISPOM ,
Reporting Requirements ,
Security Agreements
A new administration has moved into the White House, and, as anticipated, President Biden wasted no time in issuing, in the first few days of his presidency, a raft of Executive Orders (EOs) that appear calculated to set the...more
2/9/2021
/ Biden Administration ,
Climate Change ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Equity ,
Executive Orders ,
Federal Contractors ,
Gender Discrimination ,
General Services Administration (GSA) ,
Regulatory Freeze ,
Secretary of Defense ,
Sex Discrimination ,
Supply Chain
On December 23, 2020, the Government Accountability Office (“GAO”) issued its annual Bid Protest Statistics for Fiscal Year 2020. As we’ve previously noted in this blog, the GAO’s yearly Bid Protest Report to Congress...more
On October 15, the FAR Council issued a Proposed Rule implementing amendments to the current FAR definition of “commercial item.” As explained below, the Proposed Rule will eliminate the current FAR definition of “commercial...more
Like the hits produced by DJ Khaled, the FAR Council offers “another one.” As covered extensively in this blog, federal contractors have been—or should have been (you have been working toward compliance, haven’t...more
As covered recently in this blog, the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration released on July 14, 2020, an Interim Rule covering...more
Relying upon the cryptic answers provided by a Magic 8-Ball when deciding to file a protest at the United States Court of Federal Claims (COFC) may sound farcical, but a recent decision by a split panel of the United States...more
Like the sailors of old, the government contracting community ventures forth knowing full well that danger lies ahead – although fortunately not in the form of a kraken, leviathan, or other mythical sea monster. Rather,...more
Hold on to your alphabet . . . GSA extends the MAS CD&F waiver of TAA & BAA for COVID-19 PPE to 8/1/20. If that made sense to you, please proceed to the final paragraph. But for the acronymically challenged, when everything...more
When entering a casino, professional gamblers understand that “the house doesn’t beat the player. It just gives him the opportunity to beat himself.” This axiom is precisely why in the long run casinos make money, while...more
Recently, the Defense Pricing and Contracting (“DPC”) unit under the Secretary of Defense issued draft implementation guidance for Department of Defense (“DoD”) contracting officers tasked with assessing contractor requests...more
Contracting with the Department of Defense (DoD) can provide healthy opportunities for businesses of all sizes. That said, it is no secret that contractors without the cash resources to finance their performance while...more
To provide guidance on agency implementation of Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the General Services Administration (GSA) issued its April 21, 2020 Class Deviation...more
FEMA Seeks All Comers to Supply Government with COVID-19 Supplies
Through its website, the Federal Emergency Management Association (“FEMA”) is encouraging the private sector to step up and support the agency in its...more
On March 31, 2020, the Office of the Under Secretary of Defense for Acquisition and Sustainment issued a memorandum attaching a class Commercial Item Determination (CID) promulgated by the Defense Contract Management Agency...more
On Monday, March 23, Massachusetts Governor Charlie Baker issued a State of Emergency Order for Massachusetts (Order). The Order clarifies what businesses are deemed essential and non-essential (discussed in Exhibit A,...more
On Sunday, March 22, Delaware Governor John Carney issued modifications four and five to the Declaration of a State of Emergency for Delaware (Declaration). The Fourth Modification clarifies what businesses are deemed...more
Earlier this month, the Government Accountability Office (“GAO”) issued its annual Bid Protest Report to Congress for Fiscal Year 2019. Mandated by the Competition in Contracting Act, the GAO’s yearly Bid Protest Report...more