Small Business
August 31, 2017M&A

Recent Trends In Government Contracts M&A

While multi-billion dollar transactions grab headlines—such as the combination of Computer Sciences Corp.’s public sector business with SRA International, the merger of Leidos Holdings, Inc. with Lockheed Martin’s Information Systems & Global Solutions business, and Harris Corporation’s acquisition of Exelis Inc.—there are a few trends in federal government contracts mergers and acquisitions that have flown ...›

Protests and Litigation

GAO Protective Orders (Post-Award Protest Primer #5)

Post-award protests generally involve arguments about confidential, source-selection sensitive information – proprietary bid and proposal material, past performance data, cost and pricing information, nonpublic agency estimates, and the judgments of agency evaluators and source selection personnel.  Neither the government nor the competitors want that sort of information to be disclosed to anyone without rigorous protections.  ...›

Protests and Litigation

Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.”  While this Order makes no substantive legal changes and, for now, appears to be more bark than bite, it should engender in all federal contractors a renewed focus on domestic preference laws.  Determining which domestic ...›

Federal Procurement

The “Buy American, Hire American” Executive Order, Digested

The domestic-preference provisions of President Donald Trump’s April 18 executive order on “Buy American, Hire American” are ambitious in scope, requiring government-wide action to maximize the use of U.S. goods. While the order’s provisions will prove tricky to effectively implement, it is nonetheless a harbinger of things to come. All government contractors — and especially ...›

Federal Procurement
August 3, 2017Acquisition Regulations

Extending Solicitation Deadlines At GAO Versus The COFC: It’s Not Over ‘Til It’s Over (Unless The COFC Says It Is)

As every Government contractor knows, “late is late,” and a proposal received after the time set for receipt of proposals is ineligible for award—or is it? At the Government Accountability Office, an agency’s discretion to extend a solicitation’s due date may continue even after the solicitation closes. But at least one judge of the U.S. ...›

Litigation
July 31, 2017Protests & Litigation

July 2017 Protest Roundup

In July 2017, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims issued decisions covering a number of issues.  We address the decisions below on the following issues of interest: (1) agency discretion not to engage in clarifications; (2) Procurement Integrity Act (PIA) and Organizational Conflicts of Interest (OCIs); (3) overly broad ...›