With only two days left until the federal government’s new fiscal year begins, Congress remains at an impasse over a dozen spending bills that must be signed into law to keep the government running, leaving many government contractors wondering about the potential impacts on their businesses if there is a government shutdown in the coming … Continue Reading
In a case decided this week, the United States Court of Appeals for the Third Circuit turned government filing deadlines on their head by holding that federal Offices of the Inspector General (“OIG”) are not actually bound by the statutory language stating that the OIG “shall” issue an investigative report within 180 days after receiving … Continue Reading
The U.S. Department of Defense (DoD) has recently issued an interim rule that proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to limit, with some exceptions, the acquisition of personal protective equipment (PPE) and certain other products from non-allied foreign nations, including the Democratic People’s Republic of North Korea, the People’s Republic of … Continue Reading
The U.S. Government Accountability Office (“GAO”) recently dismissed a protest challenging the Department of Homeland Security’s evaluation of the Protester’s proposal and subsequent discussions with the Protester. The GAO found that the Protester’s arguments did not demonstrate that it was next in line for award, rendering the Protester a disinterested party with no standing to … Continue Reading
In a recent U.S. Government Accountability Office (GAO) decision, the watchdog sustained a pre-award protest filed by an offeror alleging that the government’s solicitation requirements associated with certain certifications were unduly restrictive of competition. This decision is a reminder that an agency will not withstand a protest of its solicitation terms when it does not … Continue Reading
On April 25, 2022, the Government Accountability Office (“GAO”) dismissed a protest that Defense Solutions Group, LLC (“DSG”) had filed which challenged the Defense Information Systems Agency’s (“Agency” or “DISA”) decision to exclude DSG’s proposal from the competition. DSG argued that its exclusion from the competition for non-compliance with two administrative solicitation requirements was unreasonable. … Continue Reading
On March 14, 2022, the Government Accountability Office (GAO) sustained a protest (B-420267.3, B-420267.4) filed by Starlight Corporation (Starlight), a small business based in Carlsbad, California, contesting the Air Force’s award of a contract to a competitor. In its protest, Starlight complained that the Air Force’s past performance evaluation was not in accordance with the … Continue Reading
On March 7, 2022, the Government Accountability Office (GAO) dismissed a protest in the Matter of K&K Industries, Inc. B-420422; B-420422.2, finding the protest untimely because it had been filed more than ten days after enhanced debriefing concluded. This decision serves as another reminder that when it comes to bid protest litigation before the GAO … Continue Reading
75% domestic requirement takes effect in 2029 On March 7, the Federal Acquisition Regulatory (FAR) Council issued a final rule changing the “Buy American” requirements for federal contractors. The final rule is very similar to the proposed rule published in July 2021 and it materially changes the regulations at FAR Part 25, which implements the … Continue Reading
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 January 26, 2022, the U.S. Office of Management and Budget (OMB) published Memorandum M-22-09, “Moving the U.S. Government Toward Zero Trust Cybersecurity Principles” (the ZTA Memorandum), which requires federal agencies to take a hard look at their cybersecurity controls, and invest in and implement new measures to better protect the government’s networks, systems, and … Continue Reading
After months of federal agency closures, and a wide expansion of teleworking and other remote work policies crafted in response to the novel coronavirus, the federal government is planning for a phased re-opening.[1] This post was most recently updated on June 26, 2020, and it includes updates to the following agency plans: Department of Defense, … Continue Reading
When the terms of a solicitation run contrary to the regulations, challenging the solicitation in a pre-award protest may provide contractors the chance to shift the tide in their favor before bids are submitted and an award is made. In January 2020, the Government Accountability Office (GAO) sustained a pre-award bid protest brought by Noble … Continue Reading
Cybersecurity attacks targeting government information have drastically increased, and both the federal government and private industry have struggled to implement effective means of protecting this information. Federal agencies continue to strive for a unified approach to protect critical data; however, the various regulations leave contractors without a clear set of requirements that are applicable to … Continue Reading
As a lawyer who regularly defends qui tam suits brought against government contractors under the False Claims Act (FCA), a recent decision from the U.S. Court of Federal Claims in The Tolliver Grp. Inc. v. United States, Fed. Cl., No. 17-1763C (J. Lettow 10/26/18) prompted me to remind federal government contractors defending civil qui tam … Continue Reading
The pace at which government contractors are engaging in mergers & acquisitions has increased notably in recent years, as a stream of recent stories in the Washington Post and New York Times have reported. The acquisition of a government contractor frequently provides the buyer an opportunity to increase its market share and/or strengthen its capabilities … Continue Reading
The federal government dramatically has increased its spending in recent years on Internet of Things (“IoT”) devices, including biosensors that can gather medical and security data from soldiers and vehicles in the field; smart-building applications that reduce energy (such as desks that automatically power on when an employee scans his or her identification badge upon … Continue Reading
On July 10, 2017, the U.S. Senate placed the FY 2018 National Defense Authorization Act on its Legislative Calendar. This action means the historically must-pass legislation is now ready for amendment and debate. Just as it did last year, the Senate Armed Services Committee (“SASC”) has included two provisions focused on bid protest reform. Given … Continue Reading
On March 31, 2015, the Interagency Suspension and Debarment Committee (“ISDC”) released its report to Congress detailing federal suspensions and debarment actions for fiscal year 2014. From 2013 to 2014, federal agencies in aggregate increased their use of exclusion actions. The number of persons and entities proposed for debarments jumped from 2,229 to 2,241, and … Continue Reading
Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for this week. 1. SEC MESSAGE TO GOVERNMENT CONTRACTORS, DON’T LIMIT WHISTLEBLOWING On April 1, the Securities and Exchange Commission (“SEC”) settled its first enforcement action against a company for violating whistleblower protections by … Continue Reading
Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for Monday. 1. DOWNLOADING OS DOES NOT “SUBSTANTIALLY TRANSFORM” LAPTOP U.S. Customs and Border Protection issued a final determination, finding that downloading an operating system into a laptop that was manufactured and assembled in … Continue Reading
1. COMMERCIAL CONTRACTING RULES APPLY TO FEDERAL SUPPLY SCHEDULES On Tuesday, March 10, 2015, the Court of Appeals for the Federal Circuit reversed and remanded a decision by the Court of Federal Claims, which permitted the Centers for Medicare and Medicaid Services (“CMS”) to include contract clauses that deviated from federal government commercial contracting rules. … Continue Reading
Government contracting is not for the faint of heart when it comes to compliance woes. Private companies looking to do business with the government face a regulatory maze so great that it may inspire references to Greek mythology, labyrinth and all. Few contract clauses reflect this sentiment of compliance pitfalls better than the General Services … Continue Reading
On Tuesday, March 10, 2015, the Court of Appeals for the Federal Circuit reversed and remanded a decision by the Court of Federal Claims, which permitted the Centers for Medicare and Medicare Services (CMS) to include contract clauses that deviated from federal government commercial contracting rules. By doing so, the Court of Federal Claims held … Continue Reading
