In response to the 2024 National Defense Authorization Act (NDAA), the Department of Defense (DoD) issued a class deviation postponing the proposed requirement to disclose greenhouse gas emissions.
On November 14, 2022, the...more
The Department of Defense (DoD) recently issued a new Small Business Strategy to reverse the significant decline in the number of small businesses participating in government contracts by launching new initiatives that will...more
The U.S. Court of Federal Claims issues another decision highlighting a growing divergence in case law between the Court and the Government Accountability Office.
COFC rejects GAO precedent for determining whether...more
The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules.
DoD debriefings now must include a redacted version of the source selection decision document for all awards...more
The Department of Defense (DoD) issued a final rule on July 9, 2021, requiring contractors to report annually their total labor hours and invoiced amounts for certain service contracts.
Requirement applies to contracts...more
The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA).
The proposed...more
The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more
2/9/2021
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Appellate Courts ,
Automatic Stay ,
Bid Protests ,
CICA ,
COFC ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
US Army Corps of Engineers
While GAO does not make any recommendations in its report, it provides a useful overview of the federal government’s implementation of Section 3610.
Agencies made relatively little use of their Section 3610 authority...more
9/11/2020
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Contractors ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Veterans Affairs ,
Federal Acquisition Regulations (FAR) ,
Federal Procurement Systems ,
Final Rules ,
GAO ,
General Services Administration (GSA) ,
NASA ,
New Guidance ,
OMB ,
Reimbursements ,
Relief Measures ,
Stop Work Orders
In a recent decision, the U.S. Court of Federal Claims (COFC) addressed the timeliness rules for enhanced debriefing situations.
The clock for purposes of obtaining an automatic stay and timeliness may start after the...more
Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures.
The new rule takes effect on October 1, 2019 and permits defense...more
In this fourth and final installment of our Section 809 Panel alerts, we explore the recommended changes to update and eliminate burdensome aspects of certain socioeconomic and small business requirements for Department of...more
1/30/2019
/ Berry Amendment ,
Buy American Act ,
Davis-Bacon Act ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NDAA ,
Recordkeeping Requirements ,
Service Contract Act ,
Set-Asides ,
Small Business
The Section 809 Panel has issued its final report with additional recommendations to streamline the DoD acquisition process, some of which would make revolutionary changes.
The Section 809 Panel is a Congressionally...more
Contractors will soon have additional legal authority to demonstrate to civilian agencies that a best value tradeoff process should be employed.
Congress’ trend of limiting the use of the LPTA process continues....more
President Donald Trump signed the Fiscal Year 2019 National Defense Authorization Act, which authorizes a top-line budget of $717 billion and includes significant provisions for government contractors.
DoD is required to...more
The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts.
Congress is concerned about the delays caused by bid protests that have been filed at...more
In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations.
Enhanced Debriefing rule does not alter GAO timeliness rules....more
7/31/2018
/ Bid Protests ,
CICA ,
Debriefing ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Procurement Systems ,
Filing Deadlines ,
GAO ,
NDAA ,
Offerors
Newly published draft DoD Guidance for Reviewing System Security Plans (SSP) and the “NIST SP 800-171 Security Requirements Not Yet Implemented” answer some questions but may also result in an increased protest docket due to...more
5/17/2018
/ Bid Protests ,
Bid Solicitation ,
Cyber Incident Reporting ,
Cybersecurity ,
Department of Defense (DOD) ,
Draft Guidance ,
NIST ,
Popular ,
Public Comment ,
Regulatory Requirements ,
Reporting Requirements
New DoD rules enhance contractors’ post-award debriefing rights.
New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more
A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous.
More than 99.7% of DoD contracts...more
For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests.
Enhanced DoD...more
Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more