News & Analysis as of

Procurement Guidelines Contract Terms

Disqualified for Using a Company Logo? GAO Reminds Contractors That Formatting Rules Matter

In FI Consulting, Inc., B-423274 (April 11, 2025​), FI Consulting, Inc. (FIC) protested its elimination from a procurement for U.S. Department of Agriculture (USDA) program support services after the agency rejected its...more

Fox Rothschild LLP

The Push Towards FAR 2.0 – Interpreting the Most Recent Trump Executive Orders

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The federal procurement landscape continues to shift and transform. Two recent executive orders push the government contracting community further towards the plan for a comprehensive update of the Federal Acquisition...more

Akin Gump Strauss Hauer & Feld LLP

Ensuring Commercial, Cost-Effective Solutions in Federal Contracts

Orders agencies to procure commercially available products and services, including those that can be modified to fill agencies’ needs, to the maximum extent practicable. Within 60 days of the date of this order, each agency’s...more

Bradley Arant Boult Cummings LLP

The Impact of New Tariffs on U.S. Government Contractors

As global trade policies shift, U.S. government contractors must navigate the evolving landscape of tariffs and their implications. The recent introduction of new tariffs by the federal government has significant consequences...more

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more

Bass, Berry & Sims PLC

Bid Protest Minute: Bidder’s Responsibility to Submit Well-Drafted Proposal

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On February 26, GAO denied the protest of Mission Analytics, Inc., challenging the award of a small business set-aside contract to ThunderCat Technology, LLC, explaining that “it is a firm’s responsibility to submit a...more

Bass, Berry & Sims PLC

COFC Decision Significantly Broadens OTA Bid Protest Jurisdiction

On February 24, Judge Armando Bonilla of the Court of Federal Claims (COFC) declined to dismiss a challenge to a $648 million award under a Missile Defense Agency (MDA) development deal, finding that the court had...more

Hogan Lovells

A practical guide to public procurement challenges under the Procurement Act 2023

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Our guide for suppliers and contracting authorities in bringing and defending public procurement challenges under the Procurement Act 2023 The Procurement Act 2023 (the “PA23”) in the United Kingdom will commence on or after...more

Morrison & Foerster LLP - Government...

DoD Other Transactions (OTs) Desk Reference

The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to...more

Blindauer Law PLLC - Government Contracts...

Remedies When The Government Stops Paying a Contractor, Grantee, or Cooperatee

When the Government is in a contract, it cannot just stop making payments. This is the general rule whether the contract is a procurement, grant, or cooperative agreement. Rather, the Government’s continued non-payment is...more

Holland & Knight LLP

What to Do in the Event of Federal Procurement Disruptions

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The Trump Administration is in the midst of reviewing prior administrations' spending priorities and federal government contracts and has begun announcing a variety of actions to suspend and/or terminate pending and awarded...more

Blank Rome LLP

Fixed Price Contracts: Government Contractors Beware

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Many predict that, among other procurement and regulatory reforms, the new administration will implement policies favoring the award of fixed-price government contracts and grants. Throughout the years, the procurement...more

Pillsbury - Global Sourcing Practice

An Early Primer on Contracting for Agentic AI Procurement

A recent code leak indicated that OpenAI is set to release its first true AI Agent. An AI agent is a system designed to perceive its environment, process information, and autonomously take actions to achieve specific goals....more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit, addressing a proposal timely submitted but received late, and two decisions from the U.S. Government...more

Seyfarth Shaw LLP

Six Essential Tips for Handling Procurement Information for Government Contractors

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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we’re sharing six essential tips for government contractors to navigate the intricacies of handling procurement information....more

PilieroMazza PLLC

SBA Update: SBA Clarifies Protégés’ Past Performance and/or Experience Exception

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As PilieroMazza has been reporting, the Small Business Administration (SBA) recently issued a final rule updating and clarifying many regulations that impact small businesses. The revised regulations cover a wide range of...more

Morrison & Foerster LLP - Government...

Enforcing New Recertification Rules: Changes to SBA’s Size Protest Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...more

Hogan Lovells

Veille juridique DROIT PUBLIC / INFRASTRUCTURES du 19 juin 2024

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L’équipe de Droit Public du bureau de Paris vous propose de retrouver l’actualité récente française et européenne concernant le droit des contrats publics et le droit de la commande publique. Vous bénéficiez d’une sélection...more

Farrell Fritz, P.C.

Is It an Illusion of Indemnification? Insurance Requirements for Tenants Paired with Indemnification Clauses in Leases May Not Be...

Farrell Fritz, P.C. on

Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a...more

Vinson & Elkins LLP

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

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Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Wiley Rein LLP

[Webinar] The OASIS+ Procurement - July 27th, 12:00 pm - 1:00 pm EDT

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Later this month, John and Craig will host a webinar diving deeper into the OASIS+ competition, including: - Significant solicitation provisions addressing size status, teaming structures, experience, and pricing; - How...more

Hogan Lovells

Satellite systems procurement: A brief how-to guide - July 2023

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The decision to commission the construction and launch of a satellite system is a multiyear strategic decision for any entity, whether commercial or governmental. Unlike many noncustomized procurements, even ones of similar...more

Blindauer Law PLLC - Government Contracts...

An In-Depth Examination of Inflation Relief for a Government Contractor

Inflation is generally down from 2021, but is still high in too many places, and is expected to persist in 2023.   With inflation eroding value for this long, a Government contractor may need to obtain contract relief.  ...more

Perkins Coie

Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022

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In our January 2022 update, we discussed new federal requirements that group health plans should pay close attention to in 2022. The sponsor of a self-funded plan will need to work closely with its legal counsel, benefits...more

BCLP

The new security of payment regime in Hong Kong – key issues to consider before its implementation

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With the Hong Kong Development Bureau’s (DevB) contractual security of payment regime coming into effect from 31 December 2021 (the SOP regime), we now examine some important challenges which facing the Hong Kong construction...more

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