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General Solicitation Federal Contractors

General Solicitation typically refers to the soliciting of investors to purchase securities. Prior to the passage of the JOBS Act in 2012, general solicitation was banned in connection with privately offered... more +
General Solicitation typically refers to the soliciting of investors to purchase securities. Prior to the passage of the JOBS Act in 2012, general solicitation was banned in connection with privately offered unregistered securities. Issuers were only permitted to offer such securities to investors with whom they had a pre-existing substantive relationship. Section 201(a) of the JOBS Act lifted the ban on general solicitation, but only with respect to accredited investors.  less -
PilieroMazza PLLC

Question the Questions and the Answers: Bid Protest Decision Highlights Need to Clarify Ambiguities Prior to Bidding

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Many solicitations for government contracts provide prospective contractors with the opportunity to ask questions. In some instances, the government’s answers to those questions create additional questions. When that’s the...more

Venable LLP

New FAR Pay Equity Rule Puts Contractors Between a Rock and a Hard Place: How Can Federal Contractors Ensure Proposed Labor Rates...

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On January 29, 2024, the Biden administration announced a series of pay equity and transparency initiatives. One initiative comes in the form of a proposed rule to amend the Federal Acquisition Regulation (FAR) to (1)...more

Holland & Knight LLP

Holland & Knight Defense Situation Report: November 2023

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Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments....more

Jenner & Block

Client Alert: Government Contractors Obtain Relief in More than Half of GAO Bid Protests; Annual Statistics Skewed by CIO-SP4...

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Late last week, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2023. The statutorily mandated report contains an array of information about GAO’s bid protest...more

WilmerHale

Proposed US Government Contracting Rule Seeks Anti-Trafficking Reporting Requirements For Air Carrier Contractors

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On August 7, 2023, the US Department of Defense, General Services Administration, and the National Aeronautics and Space Administration proposed to amend the Federal Acquisition Regulation (“FAR”) to impose anti-trafficking...more

Benesch

GSA/DoD Transportation Law Primer

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Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest High Season Is Coming – A Reminder About the Need for Fast Decisions

The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of you know, there are three primary fora for bid protests: procuring agencies,...more

Jenner & Block

Government Contracts Legal Round-Up - September 2023 Issue 17

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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

Holland & Knight LLP

Holland & Knight Defense Situation Report: July 2023

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Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more

Holland & Knight LLP

U.S. Department of Homeland Security Releases Long-Awaited Cybersecurity Regulations

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The U.S. Department of Homeland Security (DHS) has issued comprehensive cybersecurity regulations aimed at protecting Controlled Unclassified Information (CUI). These regulations were long-awaited, as the original proposed...more

Venable LLP

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

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Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more

Womble Bond Dickinson

Important May 30, 2023 Changes to the SBA’s Mentor-Protégé and Joint Venture Regulations

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On May 30, 2023, the Small Business Administration’s (“SBA”) Final Rule on Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program (the “Final Rule”) became effective. The Final...more

Maynard Nexsen

Joint Venturers Beware – Underestimating the Importance SAM Registrations Can Sink Your Proposal

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Protests filed at the U.S. Court of Federal Claims (“COFC”) differ in many ways from protests before the U.S. Government Accountability Office (“GAO”). For example, protests before GAO are uniform given that they are...more

Venable LLP

Commercial Solutions Openings Are Here to Stay: What That Means for Federal Contractors

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On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). The proposal would...more

Holland & Knight LLP

VA Contractors Have Broad New Cybersecurity Obligations

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The U.S. Department of Veterans Affairs (VA) is overhauling and remaking its regulations aimed at contractor cybersecurity and privacy practices. Any companies in the VA supply chain should take note and ensure compliance...more

Holland & Knight LLP

Holland & Knight Defense Situation Report: January 2023

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Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more

Venable LLP

Tomato, Tomahto...Let’s Call the Whole Thing Off: Virginia District Court Decision Shows Perils of Federal Contractor Teaming...

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Teaming agreements are a common, beneficial, and sometimes necessary way for industry to come together and meet the federal government’s needs. But the devil is in the details. A recent decision from the U.S. District Court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Contractor Vaccine Mandate: Eleventh Circuit Partially Vacates Preliminary Injunction

​​​​​​​On August 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit narrowed the scope of a nationwide injunction that had barred enforcement of President Joe Biden’s COVID-19 federal contractor vaccine mandate. In...more

Obermayer Rebmann Maxwell & Hippel LLP

Federal Circuit Affirms Blue & Gold Alive and Well, but that Timely Agency-Level Protests Might Change the Score

Welcome back, readers!  We hope that your 2022 is off to a great start. We’re starting this year off with some information about an important Federal Circuit case from late last year, which did not get the attention it should...more

Obermayer Rebmann Maxwell & Hippel LLP

COVID-19 Protocol Compliance Guidance For Federal Contractors: Mandated Vaccines, Masking/Distancing Requirements and Required...

As readers may remember from our previous blog post, on September 9, President Biden issued an Executive Order (“the Order”) pertaining to mandated COVID-19 Safety Protocols for Federal Contractors and Subcontractors. The...more

Obermayer Rebmann Maxwell & Hippel LLP

What’s Price Realism Got to Do with It?

Price realism. Price reasonableness. You have likely heard the terms. But do you know what price realism is, and how it differs from price reasonableness? And, perhaps most importantly, do you know when a price realism...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

Woods Rogers

In Split Decision, Federal Circuit Affirms Agency Exclusion of Proposals

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In U.S. Government procurements, most solicitations specify that noncompliance with its terms and conditions may cause a proposal to be determined unacceptable or be deemed non-responsive and excluded from consideration. ...more

Woods Rogers

Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

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Procuring agencies have wide latitude in developing requirements for their solicitations.  When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification...more

Woods Rogers

Bid Protests On The Basis Of Cardinal Change: The Fine Line Between Solicitations And Contract Administration

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The Government Accountability Office’s (“GAO”) Comptroller General and the U.S. Court of Federal Claims (“COFC”) regularly consider bid protests.  Bid protests are challenges to the terms of a solicitation or to the award of...more

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