News & Analysis as of

Federal Acquisition Regulations (FAR) Government Accountability Office

Analysis of the Current Draft 2018 NDAA

by Holland & Knight LLP on

This is the first blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Contract Closeouts Delayed, Incurred Cost Audit Backlog to Blame

by PilieroMazza PLLC on

Submitting incurred cost submissions and closing out flexibly priced contracts in a timely manner is important for contractors, especially for those who are owed money due to indirect rate overruns, lagging invoices, or fee...more

Three October Bid Protest Decisions That May Affect Your Business

• First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained. • Second, mere compliance with cybersecurity...more

Enhanced DoD Debriefing Requirements in the Senate Version of the FY 2018 NDAA May Reduce Bid Protests

by PilieroMazza PLLC on

On September 18, 2017, the Senate passed its version of the National Defense Authorization Act (“NDAA”) which authorizes nearly $700 billion in defense spending for Fiscal Year 2018 and contains significant procurement reform...more

Prime contractor found nonresponsible based on undisclosed vendor-vetting process - contingency contractors beware

by DLA Piper on

Contingency contractors should take note of a recent bid protest decision from the Government Accountability Office, which approved the Department of Defense's use of a special, non-transparent database to determine the...more

When Is a Low Price a Problem? Understanding Realism.

by PilieroMazza PLLC on

Contractors are often confused after receiving a debriefing during which the Government states the contractor’s proposed price was too low. The disappointed offeror wonders, why would the Government want to pay a higher...more

Protesting FAA Awards: Understanding the Nuances

by PilieroMazza PLLC on

Nearly every federal agency is required to follow the Federal Acquisition Regulation (“FAR”). However, one exception is the Federal Aviation Administration (“FAA”), which is not required to comply with the FAR but rather has...more

Weekly Update Newsletter - July 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - “Proposed Information Collection Request; Federal Contractor Veterans' Employment Report VETS-4212.” Federal Register, July 18, 2017. Retrieved from federalregister.gov. The Veterans'...more

Postal Service Contractor? Would-be Contractor? A Look inside the U.S. Postal Service Bid Protest Process - Construction and...

Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procure-ments by the U.S. Postal Service (USPS)....more

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions. We address below decisions...more

On-Time Bid Proposals—Not a Second Too Late

by Reed Smith on

Submitting your company’s bid proposal close to the deadline can be risky and have grave consequences. The government has repeatedly rejected proposals submitted before, but received after, the deadline because of technical...more

Late is Late: A Guide To Delivering Electronic Proposals On Time

by Fox Rothschild LLP on

This is not a unique story – but there is still a lesson for Federal contractors to learn. A recent GAO decision considered an electronic proposal submitted by email just prior to the 4:00 p.m. deadline. Although the...more

Hiring Incumbent Staff: GAO Says You Get What You Pay For

by K&L Gates LLP on

When an agency evaluates a proposal for the award of a cost-reimbursement contract or order, an offeror's proposed costs are not dispositive. Regardless of the costs proposed, the government is bound to pay the contractor its...more

Postal Service Contractor? Would-be Contractor? A Look inside the U.S. Postal Service Bid Protest Process

Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procurements by the U.S. Postal Service (USPS)....more

AEIOU and Sometimes IDIQ – Indefinite Delivery/Indefinite Quantity Contract Use Remains Proportional.

As we previously discussed both on this blog and elsewhere, observational and indirect evidence told us that the use of Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracts was expanding. As it turns out, from...more

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more

Organizational Conflicts of Interest: An Issue That Requires Government Contractors To Be Proactive

by Pepper Hamilton LLP on

In an effort to ensure there is no OCI or that your mitigation plan is effective and timely implemented, government contractors must be proactive when reviewing the agency’s needs in light of its mission, the solicitation,...more

Taking Credit for Subcontractor Past Performance

- Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules. - Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider...more

GAO Urges Transparency in GSA Leasing Practice for Foreign-Owned Real Estate

by Holland & Knight LLP on

On January 3, 2017, the United States Government Accountability Office (GAO) delivered a report to Congress recommending that the General Services Administration (GSA) inform tenant agencies when leasing high-security space...more

Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces New Differences Between...

by Bass, Berry & Sims PLC on

On December 8, 2016, the Senate passed the National Defense Authorization Act (NDAA) of 2017 previously passed by the House, and the legislation is pending President Obama’s signature. Once signed, Section 835 of the NDAA...more

Weekly Update Newsletter - November 2016 #3

by PilieroMazza PLLC on

DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION - Clarification of Requirement for Justifications for 8(a) Sole Source Contracts - The Department of Defense...more

Proposed Changes to FAR to Clarify Requirements for 8(a) Sole Source Contract Justification Over $22 Million

by PilieroMazza PLLC on

On November 15, 2016, the DOD, GSA, and NASA issued a proposed rule to amend the FAR to clarify guidance for justifications of sole source 8(a) contract awards exceeding $22 million. This proposed rule responds to...more

Poder discrecional en las adquisiciones: La GAO falla a favor del gobierno

by Bilzin Sumberg on

La Oficina de Fiscalización del Gobierno (Government Accountability Office, GAO) emitió una decisión que podría ser utilizada por las agencias gubernamentales para apoyar las Solicitudes de propuestas (Request for Proposal,...more

Elevating Form Over Substance: OCI Waiver Challenges at GAO

by Morrison & Foerster LLP on

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

Discretion in Procurement: The GAO Finds for the Government

by Bilzin Sumberg on

The Government Accountability Office (“GAO”) issued a decision that could be used by government agencies to support “all encompassing” RFPs, or RFPs that require one bidder to provide several products and services even if, in...more

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