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Welcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production Awards  

We have addressed on this blog questions relating to jurisdiction at the GAO, Court of Federal Claims (CFC), and district courts to hear suits relating to awards using the government’s Other Transaction (OT) authority....more

Bid Protest Minute: GAO’s Task Order Jurisdiction

On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more

Bid Protest Minute: Proving an Organizational Conflict of Interest Exists

On December 20, 2023, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing, among other things, that the procurement was tainted by an appearance of impropriety after the agency...more

Bid Protest Minute: The High Bar to Proving Contract Officer Bias

On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and...more

Bid Protest Win for AM General on Multi-Billion Dollar Contract

We represented AM General (AMG), an automotive manufacturer that builds military vehicles for government customers, including the Humvee, in a successful bid protest involving a $9.7 billion contract for the U.S. Army to...more

Union Labor or Bust! Project Labor Agreements Now Required for Large Federal Construction Projects

On February 4, President Biden signed the Executive Order on Use of Project Labor Agreements for Federal Construction Projects, which mandates, with limited exceptions, that contractors and subcontractors working on federal...more

DoD Scraps CMMC 1.0 for CMMC 2.0

For nearly two years, we have been reporting on this blog about the Department of Defense’s (DoD) Cybersecurity Maturity Model Certification (CMMC) program. CMMC is a training, certification, and third-party assessment...more

Did the Federal Circuit Just Eliminate Commercial Services?

In a decision issued on November 17, JKB Solutions v. United States, the Federal Circuit held that the commercial item termination for convenience provision at FAR 52.212-4(l) incorporated by reference into a contract for...more

Who is Responsible for Granting Medical/Religious Accommodations to the COVID-19 Vaccination Mandate?

As contractors and agencies scramble to comply with the government contractor vaccine mandate, there seems to be growing confusion over whether contractors or federal agencies are responsible for evaluating whether contractor...more

The Black Hole of Protest Jurisdiction: Can I Challenge the Award of an “Other Transaction Agreement”?

While most federal procurements are conducted using the onerous regulations set forth in the Federal Acquisition Regulation (FAR) and agency supplements, agencies are increasingly relying on the more flexible, but...more

Contractors, You Will Get the Jab!

On September 24, following President Biden’s September 9 Executive Order, Ensuring Adequate COVID Safety Protocols for Federal Contractors, the Safer Federal Workforce Task Force (Task Force) issued new guidance on COVID-19...more

Heightened Buy American Act Requirements Are Here and More Are on the Way

To protect the U.S. industrial base, among other reasons, companies that sell goods to the U.S. government are required to comply with domestic source restrictions that dictate the percentage of domestic content and have the...more

Annual Suspension and Debarment Report Serves as a Reminder to “Turn Square Corners” When Dealing with the Government

The Interagency Suspension and Debarment Committee (ISDC) recently released its annual report to Congress regarding suspension and debarment across the federal government in FY 2019. The report serves as a yearly reminder...more

Tis the Season (for Protests)!

The government fiscal year runs from October 1 to September 30, and at the end of each fiscal year federal agencies rush to award contracts and commit funding before that funding expires. As a result, our Government Contracts...more

DoD Implements Statutory Restrictions on LPTA Evaluations

As we noted in a blog post in December 2016, “LPTA Out, Fixed Price Contracts In,” the Department of Defense (DoD) has been moving to restrict the Lowest Price Technically Acceptable (LPTA) evaluation methodology, which...more

What Small Businesses Must Consider When Using Teaming Arrangements or Joint Ventures

Teaming Arrangements under the FAR - Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when: 1. Two or more companies form a partnership or joint venture to act as a potential prime...more

Ding Dong the Regulation’s Dead! – Trump Finalizes Statutory Repeal of the Fair Pay and Safe Workplaces Rule

As we previously reported, Congress has taken its final steps in repealing Obama’s Fair Pay & Safe Workplaces rule, one of the most controversial rules enacted by the Federal Acquisition Regulatory (FAR) Council under...more

Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces New Differences Between...

On December 8, 2016, the Senate passed the National Defense Authorization Act (NDAA) of 2017 previously passed by the House, and the legislation is pending President Obama’s signature. Once signed, Section 835 of the NDAA...more

Iran on Your Mind? The FAR Should Be, Too.

Over the past year, the big news for companies doing or considering business in Iran has been the scaling back of U.S. and EU economic sanctions. Many global businesses are now permitted to operate in this once prohibited...more

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