News & Analysis as of

National Defense Authorization Act › Government Accountability Office › Federal Procurement Systems

The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible... more +
The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds.  less -
Morrison & Foerster LLP - Government...

Less Oversight and Undefined Penalties: The NDAA’s Proposed Protest Reforms

Morrison & Foerster LLP - Government... on

Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more

PilieroMazza PLLC

FY25 NDAA Update: Potential Costly Changes Ahead for Bid Protests

PilieroMazza PLLC on

The Senate approved the Fiscal Year 2025 National Defense Authorization Act (FY25 NDAA) on December 18, 2024. The bill is now on its way to the President’s desk for signature. Of particular note to federal defense contractors...more

Venable LLP

FY25 NDAA to Explore a Souped-Up "Loser Pays" Rule for GAO Bid Protests, Raise Pleading Standards and Jurisdictional Threshold to...

Venable LLP on

Congress is on the cusp of finalizing the FY25 National Defense Authorization Act (NDAA) and sending it to the President for his signature. The compromise version of the bill recently released by the House Armed Services...more

Wiley Rein LLP

Defense Department’s Updated Procurement Process Allows Quicker Access to Private Sector AI Products

Wiley Rein LLP on

[*Editor’s note: Humans wrote this article without using ChatGPT. Recent news events, of which we hope all attorneys are aware, suggested this was the better course.] Artificial Intelligence (AI) seems to be infiltrating...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – December 2022

PilieroMazza PLLC on

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

K&L Gates LLP

DOD Finalizes "Enhanced Debriefing" Rule for Federal Procurements

K&L Gates LLP on

A new regulation outlines U.S. Department of Defense (DOD) contractors' rights to an "enhanced debriefing" in certain procurements. On 18 March 2022, the DOD published a final rule to implement Section 818 of the National...more

Sheppard Mullin Richter & Hampton LLP

So Your Proposal Lost – Now What? Understanding Debriefings

Sheppard Mullin Richter & Hampton LLP on

Debriefings provide disappointed offerors an invaluable opportunity to hear from agencies directly as to why contract award decisions came out the way they did. Debriefings can also extend the deadlines to file a timely...more

PilieroMazza PLLC

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

PilieroMazza PLLC on

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

Holland & Knight LLP on

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

PilieroMazza PLLC

GAO Confirms Joint Ventures Pursuing DOD Contracts May Rely on Facility Clearances of Their Members

PilieroMazza PLLC on

In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more

Woods Rogers

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

Woods Rogers on

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

WilmerHale

GAO Bid Protest

WilmerHale on

On September 24, 2020, the Government Accountability Office (GAO) sustained a protest brought by Teledyne Brown Engineering Inc. (Teledyne) against the $651.6 million National Aeronautics and Space Administration (NASA)...more

Pillsbury Winthrop Shaw Pittman LLP

NDAA Requires Contracting Officers to Provide Information to Unsuccessful Offerors for Task and Delivery Orders Valued Under $5.5...

Pillsbury Winthrop Shaw Pittman LLP on

The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders. Currently, FAR Part 16 only...more

Holland & Knight LLP

December 2019 Bid Protest Roundup

Holland & Knight LLP on

In this post, we briefly summarize three of the key bid protest decisions published in November 2019....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

Pillsbury Winthrop Shaw Pittman LLP

Limits on Use of Lowest-Price, Technically Acceptable Procurements at DoD

Pillsbury Winthrop Shaw Pittman LLP on

Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures. The new rule takes effect on October 1, 2019 and permits defense...more

Holland & Knight LLP

2019 NDAA Analysis: Bid Protest Changes Affecting Government Contracts

Holland & Knight LLP on

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

Pillsbury Winthrop Shaw Pittman LLP on

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

Holland & Knight LLP

2019 NDAA Analysis: Changes Affecting Small Businesses and the SBIR Program

Holland & Knight LLP on

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

Morrison & Foerster LLP - Government...

DOD’s Long-Awaited LPTA Regulations Expected in Fourth Quarter of FY 2019

Morrison & Foerster LLP - Government... on

For a number of years now, Lowest Price Technically Acceptable (LPTA) source-selection procedures have come under fire for overuse and misuse at the same time budget constraints make LPTA methods more enticing to some...more

PilieroMazza PLLC

The 2019 NDAA's Impact on Small Business Programs - Set-Aside Alert

PilieroMazza PLLC on

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

Pillsbury Winthrop Shaw Pittman LLP

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

Pillsbury Winthrop Shaw Pittman LLP on

The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more

Pillsbury Winthrop Shaw Pittman LLP

DoD’s Enhanced Debriefings: GAO Provides Timeliness Guidance

Pillsbury Winthrop Shaw Pittman LLP on

In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations. Enhanced Debriefing rule does not alter GAO timeliness rules....more

PilieroMazza PLLC

Section 809 Panel's Recommendations on Bid Protests May Cause Major Headaches for Contractors - Set-Aside Alert

PilieroMazza PLLC on

Published by Set-Aside Alert Newsletter: In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to...more

Pillsbury Winthrop Shaw Pittman LLP

Defenders of the Debriefing

Pillsbury Winthrop Shaw Pittman LLP on

New DoD rules enhance contractors’ post-award debriefing rights. New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more

28 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide