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Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for...more

US DoD Proposes Final Rule to Incorporate Contractual Requirements for the Cybersecurity Maturity Model Certification (CMMC)

On August 15, 2024, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the Cybersecurity...more

Ruling on an Issue of First Impression, US COFC Finds Protest Jurisdiction Over Challenge to a Follow-On Production Other...

On July 16, 2024, the Court of Federal Claims (“COFC” or “Court”) published an opinion, Independent Rough Terrain Center, LLC v. United States, exercising jurisdiction to consider a bid protest involving Other Transaction...more

United States Considers Deployment of its Military Contractors to Ukraine

The US government could soon allow private US military contractors to operate in Ukraine to maintain and service weapons supplied by the United States (the “MC Policy”), according to a recent CNN news report. This type of...more

US Senate Committee Passes Legislation to Prohibit Agencies from Awarding Contracts to Consulting Firms That Also Work for China...

On May 15, 2024, the Senate Homeland Security and Government Affairs Committee (the “Committee”) passed an amended version of the “Time to Choose Act of 2024” (the “Act”) on a bipartisan 10-1 vote. If enacted, the legislation...more

US DoD Issues Class Deviation Delaying DFARS Implementation of Upcoming NIST SP 800-171, Revision 3

On May 2, 2024, the Department of Defense (DoD) issued a class deviation to DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. The deviation relates to contractors’ compliance with...more

US GAO Decision Shows Danger of Allowing SAM Registration to Lapse During Solicitation Period

On April 1, 2024, the Government Accountability Office (GAO) sustained a bid protest by TLS Joint Venture, LLC because the awardee’s registration in the System for Award Management (SAM) lapsed before the government awarded...more

The US National Defense Authorization Act for Fiscal Year 2024: Important Changes to Procurement Laws and Policy

On December 22, 2023, President Joe Biden signed into law the National Defense Authorization Act for Fiscal Year 2024 (“NDAA” or the “Act”). This year’s NDAA authorizes a total of $883.7 billion to address the most...more

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