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Department of Defense (DOD) National Defense Authorization Act Bid Protests

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

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Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the...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

Morrison & Foerster LLP - Government...

Definitive Guidance On Facility Security Clearances For Small Business Joint Ventures

The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or...more

Whitcomb Selinsky, PC

Security Clearance Requirements in Joint Ventures

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When bidding on a government contract, the company and/or its employees may need a specific security clearance in order to work on a project. Security clearances are based on an individual’s position and their need to access...more

Holland & Hart LLP

Key Provisions in the House's 2024 NDAA Impacting Federal Contractors

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On June 30, 2023, the United States House of Representatives passed its version of the National Defense Authorization Act for the Fiscal Year 2024, H.R. 2670 (Rep. No. 118-125) (the “NDAA”)....more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – December 2022

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GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...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

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

Holland & Knight LLP

GAO Clarifies Stance on Joint Ventures and Facility Clearances

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In a bid protest decision released on Aug. 27, 2021, the Government Accountability Office (GAO) has resolved a long-simmering question regarding joint ventures and facility clearances. Specifically, in InfoPoint, LLC,...more

Wiley Rein LLP

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

Wiley Rein LLP on

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

McCarter & English Blog: Government Contracts...

DoD Issues Proposed Rule On Enhanced Post-Award Debriefing Rights

As you may recall, Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA required the US Department of Defense (DoD) to draft regulations to establish comprehensive post-award debriefing...more

Wiley Rein LLP

National Defense Authorization Act for Fiscal Year 2021 Includes Numerous Provisions Impacting Government Contractors

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The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill. The Senate’s move,...more

Husch Blackwell LLP

When Must You Protest To Get An Automatic Stay After An Enhanced Debriefing?

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The automatic stay of award is one of the key elements of a bid protest under the Competition in Contracting Act. The CICA stay is only available when a protest is filed no later than ten days after contract award or no later...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

Bradley Arant Boult Cummings LLP

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn “NIKA Technologies”

A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of  Defense’s (DOD)...more

Perkins Coie

Defense Procurement Overview of the FY 2020 National Defense Authorization Act

Perkins Coie on

Cybersecurity, supply chain risks, data rights, software acquisitions, and cost or pricing data are among the procurement-related issues targeted in the Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA), which...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2019

PilieroMazza PLLC on

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

Holland & Knight LLP

Annual GAO Report Says Bid Protest Activity Down in 2019, but Protestor "Effectiveness Rate" Remains Steady

Holland & Knight LLP on

On November 5, 2019, the U.S. Government Accountability Office (GAO) issued its annual Bid Protest Report to Congress for Fiscal Year 2019.  The annual report is a requirement of the Competition in Contracting Act and is an...more

PilieroMazza PLLC

2019 GAO Bid Protest Annual Report: Number of Protests Filed Drops by 16%

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GAO recently issued its annual report to Congress, which provides data concerning protest filings for Fiscal Year (FY) 2019. GAO’s annual report confirms a sharp decrease in the number of protests filed. Notably, 2,198...more

Bass, Berry & Sims PLC

DoD Implements Statutory Restrictions on LPTA Evaluations

Bass, Berry & Sims PLC on

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

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

2019 NDAA Analysis: Bid Protest Changes Affecting Government Contracts

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This is the second blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on Aug. 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more

Pillsbury Winthrop Shaw Pittman LLP

Section 809 Panel Installment One: Expanding Agency Procurement Discretion, Narrowing Contractors’ Bid Protest Rights Recommended

Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more

PilieroMazza PLLC

The 2019 National Defense Authorization Act's Impact on Small Business Procurement

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On August 13, 2018, the John S. McCain National Defense Authorization Act (“NDAA”) for Fiscal Year 2019 was signed into law by President Trump. As with prior NDAAs, the 2019 NDAA includes a number of provisions that affect...more

Pillsbury Winthrop Shaw Pittman LLP

President Trump Signs FY 2019 NDAA

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

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