Late last year, on December 20, 2021, the Government Accountability Office (GAO), sustained a protest in the Matter of Insight Technology Solutions, Inc. B-420133.2, B-420133.3, B-420133.4 when it found that the Department of Homeland Security, U.S. Immigration and Customs Enforcement (Agency) unreasonably and disparately evaluated the Awardee’s proposal to provide information technology (IT) support services … Continue Reading
On May 9, the Department of Defense Inspector General (“DoD IG”) released Audit Report No. DODIG-2017-081, Summary of Audits on Assessing Contractor Performance: Additional Guidance and System Enhancements Needed (the “Audit Report”). The audit identified weaknesses within the DoD’s contracting officials’ preparation of contractor Performance Assessment Reports (“PARs”) and potential improvements to the Contractor Performance … Continue Reading
On January 20, 2016, the Supreme Court clarified the scope of “Yearsley immunity” – a form of derivative sovereign immunity available to qualifying government contractors – in its decision in Campbell-Ewald Co. v. Gomez. Until two weeks ago, many courts had misconstrued the Supreme Court’s 1940 decision, Yearsley v. W.A. Ross Const. Co., 309 U.S. … Continue Reading
This post was written by Joelle E.K. Laszlo. Late last summer, we blogged on an interim rule designed to increase competition for multiple-award schedule (“MAS”) contracts issued by civilian government agencies. The interim rule took effect even as the implementing agencies sought comments on its provisions. One year and just seven comments later, the final … Continue Reading
This post was written by Stephanie E. Giese. The issue of senior executive compensation limits continues to be a contentious one for the federal government and its contractors. This may explain why the limit has not been raised since 2010 from the current amount of $693,951. In fact, the Obama administration has proposed lowering senior … Continue Reading
This post was written by Joelle E.K. Laszlo. If you are a Federal government contractor, please take a moment to recall the name of your “Past Performance Primary POC,” or P4OC for short. [In the unlikely event that this acronym catches on, you saw it here first.] Don’t know who your P4OC is? Don’t have … Continue Reading
On October 14, 2011, just one week after the release of the “WikiLeaks Order,” the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) proposed a rule that would require certain contractors to complete training that addresses the protection of privacy and the handling and safeguarding of … Continue Reading
A proposed rule issued by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration on June 28, 2011 proposes to amend the Federal Acquisition Regulation (“FAR”) to provide a single set of standards for contract officers reviewing contractor past performance. In 2010, agencies were required to transition their various … Continue Reading
This post was also written by Joelle E.K. Laszlo. It has been called “a steaming pile,” posited as “the worst government website . . . ever seen,” and emblazoned with two giant red thumbs pointed downward. And those were the reviews of its proponents. Just a handful of weeks after much of its content it became … Continue Reading
This post was written by Lorraine M. Campos and Joelle E.K. Laszlo. When prevention of an event is impossible, preparation is the best defense. This is certainly the case for federal contractors facing an impending Government shutdown. By the time this ‘blog entry is posted, the likelihood of such a shutdown should be clearer, as … Continue Reading
This post was written by Joelle E.K. Laszlo. Though April 15 will not be tax day this year, it may still be scary for some. According to an interim rule published last week in the Federal Register, April 15 is the day that information in the Federal Awardee Performance and Integrity Information System (“FAPIIS”) will be … Continue Reading
