September 17, 2021Coronavirus

New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities

On September 17, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued updated guidance (the “Guidance”) to federal agencies about COVID-19 safety protocols for employees of federal contractors and federal employees.  While the Guidance is mostly targeted at COVID-19 vaccine and testing requirements for federal employees, there were several new and updated FAQs relating to ...›

September 13, 2021Coronavirus

President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees

On September 9, 2021, President Biden issued a six-pronged Path Out of the Pandemic (the “Plan”) and Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”) that will require certain federal contractors and businesses with 100 or more employees to have their employees either fully vaccinated or subject to regular COVID-19 testing. ...›

September 9, 2021Protests & Litigation

Waivers of Minor Informalities, Meaningful Discussions, and a “Dreary Wreck” of a Procurement (August 2021 Bid Protest Roundup)

In this month’s Law360 Bid Protest Roundup, we consider three decisions released in August 2021. In the first case, the Government Accountability Office (GAO) considered and rejected a protester’s argument that an agency was required to waive or allow the offeror to correct a minor informality that the agency determined made its proposal ineligible for award. In the ...›

September 2, 2021Small Business

GAO Rules on Solicitation Requirements for Small Business Joint Venture Facility Security Clearances

In an important new decision, InfoPoint LLC, B-419856, Aug. 27, 2021, the Government Accountability Office (GAO) has sustained a protest against a Department of Defense (DOD) agency that insisted that small business joint venture offerors themselves were required satisfy a solicitation’s Facility Security Clearance requirements. The GAO found that the agency’s refusal to accept Facility Security ...›

August 17, 2021Small Business

FAR Councils Promulgate Final Rule Implementing SBA’s 2016 Revisions to the Limitations on Subcontracting Rule

After a five-year wait, small business subcontracting rules that the Small Business Administration (SBA) promulgated in 2016 will finally appear in the Federal Acquisition Regulation (FAR) and new solicitations. Chief among the changes is the welcome implementation in the FAR of an updated rule allowing first-tier subcontracts to similarly situated entities to count toward a small ...›

August 13, 2021Protests & Litigation

Proposed Rule for Tightening Buy American Act Restrictions

We previously commented on one aspect of the Trump Administration’s America-First policies that the Biden Administration has embraced wholeheartedly: doubling down on domestic preferences in Federal procurements. Consistent with the previous and current administrations’ policies, the FAR Councils recently released a proposed rule to tighten the screws even further on Buy American Act (BAA) regulations. Background Under the current rules, in ...›

August 11, 2021Protests & Litigation

JULY 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)

This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to contract interpretation, price realism analyses and post hoc extensions of proposal deadlines. The third case takes an in-depth look at the bounds of sole-source awards. ...›

U.S. Congress Introduces Bill that Would Require Mandatory 24 Hour Cyber Breach Notification for Government Agencies, Contractors, and Operators of Critical Infrastructure

This week, U.S. Senator Mark Warner (D-VA), chair of the Senate Intelligence Committee, and a broad group of bipartisan co-sponsors, introduced legislation that would require government agencies, contractors, and operators of critical infrastructure to report cyber incidents to the U.S. Cybersecurity and Infrastructure Security Agency (CISA) within 24 hours. The bill is a response to incidents ...›

July 13, 2021Protests & Litigation

JUNE 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)

This month’s Law360 Bid Protest Roundup starts on a promising note as courts begin opening their doors after months of restricted access due to the COVID-19 pandemic.  This Roundup covers decisions addressing the Blue and Gold Fleet rule, recovery of protest costs at the GAO, unequal treatment, and agency responsibilities when inadvertently disclosing proprietary pricing ...›

June 8, 2021Protests & Litigation

May 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Bid Protest Roundup (featured on Law360) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC[1], highlights the importance of submitting a sufficiently clear proposal; the second, M R Pittman Group, LLC[2], reminds contractors to timely protest patent ambiguities in solicitations before the proposal submission ...›