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New GAO Bid Protest Procedures Take Effect on May 1

In early April, the GAO issued a final rule revising the existing bid protest process—the major revisions being the introduction of an Electronic Protest Docketing System (EPDS) and a protest filing fee. When the rule takes...more

Additional Funding Available for SBIR/STTR Awardees at the State Level

Congress created the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs in 1982 and 1992, respectively. These programs require certain government agencies to set aside a...more

LaunchTennessee’s SBIR/STTR Matching Fund Program Hoping for Another Successful Year

In late March, Tennessee Governor Haslam proposed an amended budget for the fiscal year beginning July 1, 2018, which included $3 million toward LaunchTennessee Grants—demonstrating that Tennessee’s implementation of a...more

CFIUS Continues Aggressive Intervention, Qualcomm Deal Blocked

On March 12, 2018, President Trump blocked Broadcom, a Singapore-based semiconductor manufacturer, from pursuing the purchase of U.S.-based Qualcomm, a rival chip maker. Broadcom’s offer, reportedly for $117 billion or...more

Final Draft of NIST SP 800-171A Still Open for Comments

The National Institute of Standards and Technology (NIST) is responsible for developing information security standards and guidelines—including minimum requirements for federal information systems. At the end of February,...more

Learning from Bid Protests: Price “Credits” for IP Rights

On January 24, 2018, the Government Accountability Office (GAO) denied a bid protest that in part, focused on the issue of price credit. VT Halter Marine, Inc. (VT) protested the award of a Department of the Army contract—for...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

Section 809 Panel Releases First Volume of Recommendations for the Overhaul of DoD’s Acquisition Process

In 2016, Congress instructed the Department of Defense (DoD) to review its procurement regulations by convening a panel of procurement professionals—from both the public and private sectors. This panel became known as the...more

General Services Administration Announces Plans to Update Cybersecurity Requirements for Contractors

In mid-January, the General Services Administration (GSA) released their Semiannual Regulation Agenda. Within this agenda, GSA announced plans to update requirements in the General Services Administration Acquisition...more

COFC Decision Foreshadows VA Proposed Rule on Service-Disabled Veteran-Owned Small Business Eligibility Rules

Veteran-owned small businesses have long faced inconsistencies between the regulations of the Small Business Administration (SBA) and those of the Department of Veterans Affairs (VA). For example, these inconsistencies can...more

CFIUS Continues Focus on Information Security, Blocks Chinese Acquisition of MoneyGram

- MoneyGram and Ant Financial mutually terminate $1.2 billion proposed merger - CFIUS’s concerns focused on cyber and information security - Scrutiny of buyers’ information security processes is likely to increase On...more

U.S. Court of Federal Claims Reports on Busy and Productive FY17

The U.S. Court of Federal Claims recently issued a 2017 statistical report—covering the government’s fiscal year October 1, 2016 to September 30, 2017. During this time, 652 suits filed were filed at the Court and 1,035 suits...more

Mentor Protégé Joint Venture Allowed to Proceed with Contract Even Though Ineligible to Bid

In an unsealed opinion on October 30, 2017, U.S. Court of Federal Claims Judge Nancy Firestone held that a company, which should have been deemed ineligible from bidding, was allowed to proceed with a contract award because...more

CFIUS, POTUS Block Chinese Acquisition of U.S. Semi-conductor Maker

More Acquisitions May Be Blocked in the Future - Last month, asserting national security concerns, President Trump blocked a $1.3 billion acquisition of Oregon-based Lattice Semiconductor by a subsidiary of the Canyon...more

Court Rejects Cap on FCA Damages for Allegations of Subcontracting Plan Fraud

Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more

Hurricane Recovery Contractors Beware

The level of devastation caused by Hurricanes Harvey and Irma in Texas and Florida, respectively, is estimated to have caused $150-200 billion in damages. With this devastation comes a multibillion-dollar recovery effort that...more

DoD IG Report Highlights Flaws in DLA Compliance with Buy American Act and Berry Amendment

A recent report from the Department of Defense (DoD) Inspector General (IG) identified a number of significant flaws regarding the Defense Logistics Agency’s (DLA) compliance with the Buy American Act (BAA) and the Berry...more

U.S. Government Guidance on Buy American Executive Order Could Signal Impending Headaches for Government Contractors

On April 18, 2017, Donald Trump signed a Presidential Executive Order on Buy American and Hire American (EO). As we reported at the time, Section 3 of the EO directed the heads of all federal agencies to, among other things:...more

GAO Review Calls for Greater Oversight of DoD’s “Pilot” Mentor-Protégé Program

Last month, the Government Accountability Office (GAO) released results from its investigation into the effectiveness of the Department of Defense (DoD) Pilot Mentor-Protégé Program. In accordance with the National Defense...more

April Showers Bring Mass Mods: New GSA Schedule Refresh and Mass Modification

Later this month, the GSA will issue a refresh to all GSA Multiple Award Schedules (MAS) to incorporate new provisions and clause updates. Even if you are already a GSA Schedule holder, keep reading – a bilateral modification...more

Agency First! – CBCA Refuses Jurisdiction over Contractor’s Challenge of Wage Rate Adjustments Despite Final Decision from...

On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should...more

GAO Upholds Waiver(s) of OCI Allegations

On January 30, the U.S. Government Accountability Office (GAO) issued its decision denying Concurrent Technologies Corp.’s (CTC) protest of the U.S. Navy’s award of a support contract for the Navy Manufacturing Technology...more

UPDATE: SBA Clarifies Profit Percentages for Joint Ventures under the Small Business Mentor-Protégé Program

As previously reported, on July 22, 2016, the Small Business Administration (SBA) issued a final rule establishing a government-wide mentor-protégé program encompassing all small business concerns....more

The FAR Council Wishes Contractors a Happy New ‘Privacy Training’

The FAR Council issued a final rule on December 20, 2016, amending the Federal Acquisition Regulation (FAR) to add FAR Subpart 24.3, requiring privacy training for all contractor employees who (1) access a system of records;...more

Buyer Beware: Lessons of Disclosure Learned the Hard Way

Government contractors are learning the hard way that agencies need to be kept apprised of major changes within the company during the entire period of bid evaluations. Most recently, the Government Accountability Office...more

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