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
This post was also written by Joelle E.K. Laszlo. Full and open competition is a bedrock principle in federal contracting, so government initiatives to expand competition, like the interim rule on multiple-award schedule (“MAS”) contracts that took effect this summer, should come as no surprise. But competition breeds a lot of different things, and enhanced … Continue Reading
This post was written by Steven D. Tibbets and Lorraine M. Campos. There is a long history of federal court cases distinguishing which items of information that contractors disclose to the Government may be obtained by the public and which items may not. Currently, there is much debate regarding how well the relatively new Federal … 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 written by Stephanie E. Giese. Contractors for the U.S. Department of Defense, as well as the civilian agencies should expect to start seeing the Defense Contract Audit Agency (“DCAA”) recommend disallowance of certain contract costs on grounds that a contractor or subcontractor fails to “add value” when it subcontracts out more than … 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
What happens when a bid proposal is sent via e-mail prior to the submission deadline but not by the proper party until after the submission deadline has passed? Turns out, the answer depends on whether the Government Accountability Office (“GAO”) or the Court of Federal Claims (“COFC”) is reviewing the matter. A government contractor dealing … 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. “Efficiency” and “transparency” are on the lips of many government regulatory types these days. Along these lines, the FAR Council has proposed a process for determining whether the President may waive in a particular circumstance the standing prohibition in FAR section 25.702 on doing business with entities … Continue Reading
This post was written by Joelle E. K. Laszlo. Inflation is good for some things, including increasing the acquisition-related thresholds in the Federal Acquisition Regulation (“FAR”). Inflation-pegged adjustments to the FAR thresholds were initiated by the Ronald W. Reagan National Defense Authorization Act of 2005, and are required every five years thereafter. The most recent … Continue Reading