Federal government contractors operating in today’s volatile global trade environment are no strangers to sudden and sometimes dramatic shifts in material costs. With tariffs periodically imposed or adjusted by executive...more
As global trade policies shift, U.S. government contractors must navigate the evolving landscape of tariffs and their implications. The recent introduction of new tariffs by the federal government has significant consequences...more
In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more
Government contracts often include a termination for convenience clause, generally allowing federal agencies to cancel agreements when it serves the government’s interest. While this power is fairly broad, it is not absolute...more
The Trump administration, as part of its efforts to reshape the federal government, began terminating federal contracts for the convenience of the government almost immediately after coming back to town. These contract...more
In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more
1/30/2025
/ Arbitrary and Capricious ,
Bid Protests ,
Biden Administration ,
CICA ,
Competition ,
Construction Industry ,
Court of Federal Claims ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Project Labor Agreements ,
Regulatory Requirements
In 2024, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five noteworthy bid protest decisions:
- Percipient.ai Inc. v. U.S.
- Oak...more
1/30/2025
/ Appeals ,
Bid Protests ,
CMMI ,
COFC ,
Contract Disputes ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Court Litigation ,
GAO ,
Government Agencies ,
Tucker Act
On January 21, 2025, President Donald Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The executive order’s stated purpose is to end “illegal” diversity, equity,...more
1/24/2025
/ Appeals ,
Compliance ,
Contract Terms ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Contractors ,
Government Agencies ,
Regulatory Requirements ,
Risk Management ,
Termination ,
Trump Administration
We recently blogged about New Jersey’s bid protest requirements for procurements solicited under the New Jersey Division of Purchase and Property (DPP) here. As we noted, public procurements by local governmental authorities...more
1/23/2025
/ Appeals ,
Bid Protests ,
Construction Contracts ,
Federal Contractors ,
Government Agencies ,
Procurement Guidelines ,
Public Contracts ,
Public Procurement Policies ,
Regulatory Requirements ,
State and Local Government ,
Statutory Requirements ,
Subcontractors
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid...more
1/6/2025
/ Appeals ,
Bid Protests ,
Bids ,
Construction Contracts ,
Eligibility Determination ,
Federal Contractors ,
Federal Procurement Systems ,
Filing Requirements ,
Public Procurement Policies ,
Small Business ,
State and Local Government
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (e.g., our posts on “Bid Protests in North Carolina,” “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,”...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York,” “Bid Protests in Virginia,” and our “Update on Bid Protests in Alabama”)....more
In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more
The U.S. Small Business Administration (SBA) has made multiple changes to its regulations over the last decade, including final rules published in the Federal Register on October 2, 2013 (78 FR 61113), October 16, 2020 (85 FR...more
10/11/2023
/ Comment Period ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
HUBZone ,
Regulatory Agenda ,
Regulatory Reform ,
SBA ,
SDVOSB ,
Small Business ,
WOSB
The U.S. District Court for the District of Columbia, in U.S. ex rel. Bid Solve, Inc. v. CWS Marketing Group, Inc., et al., recently issued a decision in a False Claims Act (FCA) case that has potentially far-reaching...more
The Department of Defense Inspector General (DoDIG) recently released its “Audit of the DoD’s Implementation and Oversight of the Controlled Unclassified Information [CUI] Program” (DODIG-2023-078). The audit highlights some...more
6/26/2023
/ Audits ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Federal Contractors ,
Reporting Requirements ,
Training ,
Vendors
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note.
- ASRC Federal Data Solutions LLC
- ESimplicity Inc. v. U.S.
-...more
There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.”
However, what is not so funny for federal contractors and former executive branch...more
The Interagency Suspension and Debarment Committee (ISDC) recently issued its annual report to Congress on federal government suspension and debarment activities for fiscal year (FY) 2020. Key takeaways from the year’s ISDC...more
H.R. 3864, the Infrastructure Investment and Jobs Act or Bipartisan Infrastructure Bill (BIB), passed a vote by the U.S. House of Representatives on November 5, 2021, and will soon become law upon signing by President Biden....more
11/11/2021
/ Biden Administration ,
Construction Project ,
DBE/MBE ,
Department of Transportation (DOT) ,
Federal Contractors ,
Federal Funding ,
Infrastructure ,
Infrastructure Financing ,
Legislative Agendas ,
Small Business ,
Surface Transportation
The Department of Justice (DOJ) recently announced the launch of the Civil Cyber-Fraud Initiative, which will utilize the False Claims Act (FCA) to pursue cybersecurity-related fraud by government contractors and grant...more
The Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing...more
New York state’s budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid...more
To “combat the national security and intellectual property threats that face the United States,” section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for FY 2019 (Pub. L. 115-232) prohibits executive...more