Topic Archives: Compliance

March 27, 2019Compliance, Labor/Employment

OFCCP Announces FY2019 Audits

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published the list of contractors that are scheduled to receive Corporate Scheduling Announcement Letters (CSALs).  CSALs are courtesy letters OFCCP sends to contractors to alert them that one or more of their establishments will likely be scheduled for an OFCCP audit in the ...›

March 1, 2019Compliance, Defense, Federal Procurement

Undefinitized Contract Action Proposed Rule

In the National Defense Authorization Acts for 2017 and 2018, Congress required the Department of Defense (DOD) to implement certain reforms for issuing and definitizing Undefinitized Contract Actions (UCAs).  After a long delay, DOD has issued a proposed rule and requested comments from industry. UCAs are meant to be used when the Government has urgent ...›

Defense
February 15, 2019Compliance, Defense, Protests & Litigation

Cry Havoc and Let Slip the Risks of War

In last month’s post, we considered First Kuwaiti Trading & Contracting W.L.L., v. Dep’t of State, CBCA 3506, 2018 WL 6423911 (Dec. 3, 2018), and Appeal of ECC International, LLC, ASBCA 60484, 2018 WL 6251069 (Nov. 16, 2018), to reflect on how the risks of war are allocated between contractors and the government and how ...›

February 5, 2019Compliance, M&A, Protests & Litigation

In Wyle, the GAO Gives Another Reminder of Risks Associated with Pending Procurements During a Transaction

Although there are often significant rewards associated with transactions among government contractors, the transactions require careful planning and coordination.  Even then, there is a fair amount of risk during the process: the novation process (when required) is discretionary; the seller may have undisclosed violations of procurement law; organizational conflicts of interests may preclude the buyer ...›

Defense
January 25, 2019Compliance, Defense, Protests & Litigation

Who Bears the Risks of War?

On the eve of the Vicksburg campaign in October 1862, Abraham Lincoln instructed Ulysses S. Grant, “Follow law, and forms of law, as far as convenient.”  In a war zone, Lincoln seemed to recognize, there may be some uncertainty in the application of the law.  Unfortunately, that uncertainty also seems to apply to contractors’ claims ...›

Compliance

DOD’s Long-Awaited LPTA Regulations Expected in Fourth Quarter of FY 2019

For a number of years now, Lowest Price Technically Acceptable (LPTA) source-selection procedures have come under fire for overuse and misuse at the same time budget constraints make LPTA methods more enticing to some cash-strapped agencies. In an LPTA procurement, the Government evaluates proposals for mere technical acceptability under the solicitation’s stated evaluation criteria.  Of ...›

Compliance
October 11, 2018Compliance, Protests & Litigation

Federal Circuit Overrules Court of Federal Claims: Agencies Need Not Narrowly Tailor Corrective Action

In an important new decision, the Court of Appeals for the Federal Circuit rejected a line of Court of Federal Claims case law that required agencies to “narrowly tailor” corrective action to fit the procurement errors the action is intended to resolve. Procedural History In Dell Federal Systems, L.P. v. United States, the Federal Circuit ...›

Federal Procurement

GAO Sharpening its Blade [Strategies] on OTA Review

The Government Accountability Office’s (GAO) recent decision in Blade Strategies, LLC, B-416752, 2018 WL 4584111 (Comp. Gen. Sept. 24, 2018), clarifies the GAO’s jurisdiction and standard of review for protests of other transaction agreements (OTAs), and also serves as a good reminder that all protests challenging an aspect of an agency’s solicitation — including the ...›