The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits...more
On June 28, 2024, the Supreme Court of the United States overruled a cornerstone of contemporary administrative law when it determined, in a 6-3 ruling, that the Supreme Court’s decision in Chevron U.S.A. Inc. v. Natural...more
On May 2, 2024, the U.S. Department of Defense (DoD) issued an important class deviation that provides necessary relief for contractors endeavoring to comply with ever-changing cybersecurity requirements. The deviation...more
In what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National...more
10/9/2023
/ Cloud Storage ,
Cyber Incident Reporting ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Information Technology ,
Internet of Things ,
NASA ,
National Security Agency (NSA) ,
NIST ,
OMB ,
Popular ,
Proposed Rules ,
Risk Management ,
Subcontractors
On May 10, 2023, the National Institute of Standards and Technology (“NIST”) released an Initial Public Draft of Revision 3 to NIST Special Publication (“SP”) 800-171, Protecting Controlled Unclassified Information in...more
This month’s bid protest round up focuses on three recent decisions from the U.S. Court of Federal Claims and the Government Accountability Office (GAO). These decisions involve (1) standing at the Court where protest...more
This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration...more
5/12/2021
/ Bid Protests ,
BPA ,
COFC ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
Information Technology ,
Software ,
Solicitation ,
USDA ,
Vendors
In the latest installment of our bid protest spotlight (featured on Law360), we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a...more
11/13/2020
/ Bid Protests ,
CARES Act ,
Coronavirus/COVID-19 ,
Fair Housing Act (FHA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
HUD ,
Procurement Guidelines ,
Request for Proposals ,
USDA
The COVID-19 pandemic has introduced significant uncertainty for government contractors as agencies prepare for substantial disruptions, including the potential closure of military installations. See e.g., Department of the...more
This installment of our monthly Law360 bid protest spotlight features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning reprocurement contracts, timeliness rules, and discussions. Steel...more
BID PROTESTS, LATEST DEVELOPMENTS & TWISTS -
Bid Protests: Agenda -
1. LOGCAP V and Task/Delivery Order Protest Jurisdiction
2. SpaceX and Other Transaction Authority Protest Jurisdiction
3. Potential Impact of New...more
This installment of our monthly bid protest Law360 spotlight examines three protest decisions released in September 2019. The first decision, ServeFed, Inc., B-417708, September 18, 2019, 2019 CPD ¶ ___, discusses the...more
For this month’s bid protest roundup, we have identified four diverse bid protest decisions coming out of the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims. The first two, CDO Technologies and...more
This month’s roundup features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning timeliness, sole source awards, and organizational conflicts of interest (“OCIs”). The first offers some...more
In Escobar, the U.S. Supreme Court held that a defendant could be found liable under the False Claims Act for submitting impliedly false claims for payment. Under the implied certification theory of liability, a claim for...more
The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old...more
A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to...more
In February 2017, the Government Accountability Office (GAO) publicly released notable decisions addressing (1) the effect of the temporary lapse in GAO’s civilian task order jurisdiction; (2) discussions, clarifications, and...more
Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by...more
The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI).
Where protesters have challenged agency waiver...more
In 2014, the Small Business Administration reported that almost a quarter of approximately $367 billion of eligible funding for small business contracting, or roughly $91.7 billion, was awarded to small businesses as prime...more
10/29/2015
/ Certifications ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
Federal Contractors ,
Fraud ,
GAO ,
Indemnification ,
Misrepresentation ,
OIG ,
Qui Tam ,
SBA ,
Scienter ,
Settlement ,
Small Business ,
Subcontractors ,
Veterans ,
WOSB