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Department of Defense (DOD) Bid Protests DFARS

Morrison & Foerster LLP - Government...

Court Of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

A recent decision, Independent Rough Terrain Center, LLC v. United States (“IRTC”),[1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of...more

Morrison & Foerster LLP - Government...

Has The GAO Opened The Door To Certain Other Transaction (OT) Bid Protests?

Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the...more

Jenner & Block

Government Contracts Legal Round-Up | 2024 Issue 1

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Perkins Coie

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

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The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – July 2023 #3

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GOVERNMENT CONTRACTS - Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program - On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 13

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 11

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Venable LLP

When You Come to a Fork in the Road Take It

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Though we are not yet halfway through 2022, the COFC has issued two decisions that highlight divergent views from GAO precedent regarding the availability of key personnel and whether there is a presumption that an Agency...more

WilmerHale

How Claims Court Ruling May Alter High-Dollar Procurements

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For the second time in recent weeks, the Court of Federal Claims issued a ruling that broke from U.S. Government Accountability Office precedent. In IAP Worldwide Services Inc. v. U.S., Judge Matthew H. Solomson faulted the...more

Sheppard Mullin Richter & Hampton LLP

The Impact of DOD’s Enhanced Debriefings Rule on Bid Protest Timeliness

On March 18, 2022, the Department of Defense (“DOD”) issued its long-awaited Final Rule implementing Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (“NDAA FY 2018”), and formally codifying defense...more

Jenner & Block

DoD Issues Final Rule Implementing Enhanced Debriefing Requirement

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On March 18, 2022, the Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to mandate that DoD provide enhanced postaward debriefings to contractors. As we...more

Fox Rothschild LLP

How To Use DOD’s New Enhanced Postaward Debriefing Rights for Stronger Bid Protests

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The U.S. Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – January 2022

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LABOR & EMPLOYMENT - Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022 - In December 2021, the Office of Federal Contract Compliance Programs (OFCCP)...more

Wiley Rein LLP

Enhanced Debriefings: A Rocky Road From the Class Deviation to DOD’s Proposed DFARS Implementation

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Section 818 of the Fiscal Year 2018 National Defense Authorization Act (NDAA) amended 10 U.S.C. § 2305 to provide “enhanced” post-award debriefing rights for offerors in connection with U.S. Department of Defense (DOD)...more

Morrison & Foerster LLP - Government...

Initial Thoughts On The 2021 NDAA’s Procurement Provisions

Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more

Stinson - Government Contracting Matters

Securing the Supply Chain – CMMC Draft Version 0.7 Issued

Last month we reported on the Department of Defense’s (DoD’s) issuance of Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) standard. That draft included DoD updates and revisions to CMMC’s domains,...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2019

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Client Alert: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know - On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more

Bass, Berry & Sims PLC

DoD Implements Statutory Restrictions on LPTA Evaluations

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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

Perkins Coie

Department of Defense Issues Final Rule Restricting the Use of LPTA Procurements

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Effective October 1, 2019, a new rule issued by the U.S. Department of Defense (DOD) amends the Defense Federal Acquisition Regulation Supplement (DFARS) to limit the use of lowest price technically acceptable (LPTA)...more

Perkins Coie

The FY 2020 National Defense Authorization Act: What Government Contractors Should Watch For

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Congress is moving closer toward passage of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Although key differences remain between the House and Senate versions of the bill, the legislation is ultimately...more

Holland & Knight LLP

Understanding Why GAO Sustained Protest of OT Production Contract

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REAN Cloud LLC (REAN) entered into an Other Transaction (OT) Agreement with the Army (facilitated by DIUx) to provide prototype cloud migration services. While the prototype work was still being performed, the Army and REAN...more

PilieroMazza PLLC

Weekly Update Newsletter - May 2018

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DEPARTMENT OF DEFENSE - Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts - The Department of Defense (DoD) is issuing a final rule amending the Defense Federal Acquisition...more

Sheppard Mullin Richter & Hampton LLP

New Rules for Filing Protests at GAO and New DFARS Debriefing Requirements

GAO’s New Electronic Protest Docketing System - GAO finally has unveiled its long-awaited Electronic Protest Docketing System (“EPDS”). Effective May 1, 2018, all new protests (excluding those containing classified...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2018 #2

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GOVERNMENT CONTRACTS - Pentagon Warns CEOs: Protect Your Data or Lose Our Contracts - According to an article from Govexec.com, the Pentagon has issued a warning to defense-industry contractors, insinuating that they...more

Jones Day

Enhanced Debriefing Rules in the NDAA Offer Protesters Several Practical Advantages

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The Situation: The 2018 National Defense Authorization Act requires that the Secretary of Defense implement new rules for enhanced debriefings for certain types of acquisitions. The Result: Once implemented, the enhanced...more

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