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GAO Sustains Rare Bid Protest Challenging Agency’s Corrective Action

In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the Government Accountability Office (GAO).  Thereafter, two of the original protestors, Kupono...more

GAO Sustains Protest Finding Agency’s Failure to Engage in Meaningful Discussions Was Not Cured During Re-Evaluation   

The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more

Weekly Update for Government Contractors and Commercial Businesses – September 2022 #5

GOVERNMENT CONTRACTS - SBA’s Proposed Rule Alters the Landscape for Size and Status Protests - On September 9, 2022, the Small Business Administration issued a proposed rule (the Rule) making substantial changes to the...more

Weekly Update for Government Contractors and Commercial Businesses – August 2022 #2

GOVERNMENT CONTRACTS - New SBA Rule Enhances Past Performance Opportunities for Small Businesses - On August 22, 2022, the Small Business Administration will implement a final rule that provides two new methods by which...more

New SBA Rule Enhances Past Performance Opportunities for Small Businesses

On August 22, 2022, the U.S. Small Business Administration (SBA) will implement a final rule that provides two new methods by which small businesses can obtain past performance credit when competing for federal prime...more

Weekly Update for Government Contractors and Commercial Businesses– June 2022 #2

GOVERNMENT CONTRACTS - House Passes Bill Increasing Importance of Subcontracting Plan Performance as an Evaluation Factor - On June 8, 2022, the U.S. House of Representatives passed a bill, referred to as H.R. 7694,...more

House Passes Bill Increasing Importance of Subcontracting Plan Performance as an Evaluation Factor

On June 8, 2022, the U.S. House of Representatives passed a bill, referred to as H.R. 7694, “Strengthening Subcontracting for Small Businesses Act of 2022” (the Bill). The Bill seeks to amend the Small Business Act by...more

Weekly Update for Government Contractors and Commercial Businesses– June 2022

Small Business Set Asides Now Allowed Outside the U.S.: What You Need to Know - Effective May 26, 2022, the Federal Acquisition Regulation (FAR) gives contracting officers the discretion to apply the Small Business...more

Small Business Set Asides Now Allowed Outside the U.S.: What You Need to Know

Effective May 26, 2022, the Federal Acquisition Regulation (FAR) gives contracting officers the discretion to apply the Small Business Act (Act)—implemented by FAR Part 19—outside the United States and its outlying areas. ...more

Weekly Update for Government Contractors and Commercial Businesses – September 2021

LITIGATION & DISPUTE RESOLUTION - Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements - Members of the government contracting community are...more

DOD Issues Class Deviation Making Limitations on Subcontracting Compliance More Uniform

As we previously wrote, the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule was recently revised to more closely mirror the U.S. Small Business Administration’s (SBA) LOS regulation. However,...more

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

Civilian Agency Acquisition Council Authorizes Agencies to Issue Class Deviations to Make Limitations on Subcontracting Compliance...

The Federal Acquisition Regulatory Council (FAR Council) recently issued a final rule on August 11, 2021, updating the Federal Acquisition Regulation (FAR) limitations on subcontracting (LOS) rule to more closely mirror the...more

Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks [Video]

You have undoubtedly heard the stories, a contractor with a flawless record going back years gets one bad past performance record, maybe due to themselves or a subcontractor, and now they are blackballed. While many in the...more

Weekly Update for Government Contractors and Commercial Businesses – June 2021

GOVERNMENT CONTRACTS - DOD Issues Proposed Rule on Enhanced Post-Award Debriefing Rights: 5 Things You Should Know - As we previously reported, Section 818 of the National Defense Authorization Act for Fiscal Year 2018...more

[Webinar] Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks - January 20th, 2:00 pm - 3:00 pm...

A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more

Weekly Update Newsletter - December 2020 #2

GOVERNMENT CONTRACTS - Key Provisions in the 2021 NDAA for Government Contractors - ‘Tis the season for holiday cheer and the National Defense Authorization Act (NDAA). The NDAA, commonly referred to as “must pass”...more

GAO Clarifies Scope of Its Task Order Protest Jurisdiction

On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction.  Task order protests related to...more

[Webinar] Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks - June 8th, 2:00 pm - 3:00 pm ET

A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more

Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks [Video]

A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more

FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders

As we recently wrote, the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in...more

Alert! FAR Council Changes Rules Regarding Small Business Rerepresentation/Recertification and Multiple Award Contracts (MACs)

On February 27, 2020, the FAR Council published a final rule (Rule) that amends the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) in 2013. See 78 Fed....more

SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know - Set-Aside Alert

On Nov. 29, the Small Business Administration issued a final rule that will implement several provisions of the National Defense Authorization Acts of 2016 and 2017 and of the “RISE Act” of 2015, as well as other clarifying...more

Performance Anxiety: Five Questions from Government Contractors on Past Performance

A government contractor’s past performance can spell the difference between proposal rejection and contract award, and agencies are given broad discretion in how they evaluate past performance. It is critical that companies...more

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