On January 15, 2025, the Federal Acquisition Regulation (FAR) Council published a proposed rule overhauling the FAR’s Organizational Conflict of Interest (OCI) provisions. The proposed rule follows a December 2022 law that...more
1/23/2025
/ Bias ,
Conflicts of Interest ,
Contract Terms ,
Disclosure Requirements ,
Donald Trump ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Government Agencies ,
Mitigation ,
Offerors ,
Proposed Rules ,
Regulatory Freeze ,
Regulatory Requirements ,
Risk Management ,
Subcontractors
Nearly a year ago, the National Defense Authorization Act for Fiscal Year 2024 directed the Department of Defense (DOD) to amend the Defense Federal Acquisition Regulation Supplement (DFARS) no later than July 1, 2024, “to...more
This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more
12/7/2023
/ Bias ,
Bid Protests ,
Competition ,
Competitive Bidding ,
Contractors ,
Favoritism ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Good Faith ,
Offerors ,
Solicitation ,
Unfair Competition
This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more
9/20/2023
/ Bid Protests ,
Buy American Act ,
Conflicts of Interest ,
Construction Project ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
GAO ,
Material Suppliers ,
Offerors ,
Waivers
For evaluation purposes in a federal procurement, may an offeror rely upon the past performance and experience of its affiliates? The answer generally is a qualified yes, but the answer and the qualifications may change...more
This month’s roundup considers three recent protests: (1) an important decision by the Court of Federal Claims rejecting controversial precedents of the U.S. Government Accountability Office (GAO) concerning key personnel...more
This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a...more
3/12/2021
/ Appeals ,
Army ,
Automatic Stay ,
Bid Proposals ,
Bid Protests ,
COFC ,
Corporate Conversions ,
Corrective Actions ,
Debriefing ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Dismissals ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Lack of Jurisdiction ,
Limited Liability Company (LLC) ,
LPTA ,
Name Changes ,
Offerors ,
Solicitation
We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement. In numerous bid protest decisions, the U.S....more
In this month’s bid protest roundup (featured on Law360), we consider three protest decisions the GAO released in the month of July, each of which provides important guidance for companies competing for government...more
As we discussed in an earlier post about the NDAA for FY 2018, one of the most significant changes with respect to procurement issues may be related to the DOD’s conduct of debriefings. Perhaps missed in the discussions of a...more