Government Contracts Insights

May 11, 2020 - Acquisition Regulations, Protests & Litigation
Try, Try Again
By: Kathy C. Weinberg
A recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act (TINA). The Armed Services Board of Contracting Appeals did not
... ›
May 06, 2020 - Acquisition Regulations, Coronavirus
The Basics of Undefinitized Contractual Actions (UCAs)
The federal contracting process is famous for its exacting approach to competitive procurement, which safeguards taxpayer funds and principles of fairness. This emphasis on process, however, can slow the wheels of the acquisition machine. The rapid spread of COVID-19, however, has required the government
... ›
July 23, 2019 - Acquisition Regulations, Federal Procurement, Domestic Preferences
President Issues New Domestic Preference Executive Order
By: Damien C. Specht and James A. Tucker
The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA). EO 13881 orders the Federal Acquisition Regulatory Council (FAR Council) within 180 days to “consider proposing”
... ›
March 04, 2019 - Acquisition Regulations, Defense
GAO Continues to Expand the Scope of “Prototypes” DoD May Buy Through OTs
By: Locke Bell and Victoria Dalcourt Angle
The most common question we hear from clients about the recent boom in the Department of Defense’s spending on other transactions, or OTs, is a simple one: How can I get in on the action? Understandably, OTs – essentially contracts not subject to procurement
... ›
November 07, 2018 - Acquisition Regulations, Protests & Litigation, Compliance
Of Human Bondage and Christian Doctrine
By: James A. Tucker
To be clear, the bondage here is the bond requirement under Federal construction contracts, and the doctrine does not appear in the catechism but in the Court of Claims’ old decision in G. L. Christian & Associates v. United States , 312 F.2d 418
... ›
October 03, 2018 - Acquisition Regulations, Protests & Litigation, Compliance
GAO Sharpening its Blade [Strategies] on OTA Review
By: Locke Bell and Victoria Dalcourt Angle
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
... ›
June 22, 2018 - Acquisition Regulations, Federal Procurement, Compliance
Soothsaying Oracle: What GAO’s Decision Concerning DoD Prototype OTAs Means for DoD and Beyond
By: Damien C. Specht, Tina D. Reynolds, Locke Bell and Victoria Dalcourt Angle
Other Transaction Agreements (OTAs): The term is familiar among government contractors, yet commonly misunderstood. Recently, the Government Accountability Office (GAO), in Oracle America, Inc. , B-416061, May 31, 2018, 2018 CPD ¶ ___ , defined OTAs as “legally-binding instruments, other than contracts, grants, or
... ›
May 30, 2018 - Acquisition Regulations, Compliance, Data Rights, Intellectual Property
Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights
By: Locke Bell
The GAO’s decision last week, denying in part and dismissing in part Sikorsky Aircraft Corporation’s much-watched protest of the Air Force’s solicitation to replace the UH-1N helicopter, deals an early (if light) blow to contractors in their fight against the Air Force’s recent data
... ›
February 21, 2018 - Acquisition Regulations, Compliance
Acquisition Disruption – Innovative Concepts in Government Contracting
By: Tina D. Reynolds and Victoria Dalcourt Angle
Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation. Today more than ever, however, the federal government is making use of cutting edge procedures and methods to attract commercial companies to government
... ›
September 11, 2017 - Acquisition Regulations, Small Business
NAICS Code Appeals: One Size Does Not Fit All
By: Damien C. Specht and James A. Tucker
The federal government sets aside many contracts for small businesses, but not all small business set-asides are created equal. Instead, different size standards define small business status for different procurements. The size standards vary from industry to industry, so a given firm may be
... ›

Topic Archives: Acquisition Regulations

Try, Try Again

By: Kathy C. Weinberg

The Basics of Undefinitized Contractual Actions (UCAs)

President Issues New Domestic Preference Executive Order

By: Damien C. Specht and James A. Tucker

GAO Continues to Expand the Scope of “Prototypes” DoD May Buy Through OTs

By: Locke Bell and Victoria Dalcourt Angle

Of Human Bondage and Christian Doctrine

By: James A. Tucker

GAO Sharpening its Blade [Strategies] on OTA Review

By: Locke Bell and Victoria Dalcourt Angle

Soothsaying Oracle: What GAO’s Decision Concerning DoD Prototype OTAs Means for DoD and Beyond

By: Damien C. Specht, Tina D. Reynolds, Locke Bell and Victoria Dalcourt Angle

Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights

By: Locke Bell

Acquisition Disruption – Innovative Concepts in Government Contracting

By: Tina D. Reynolds and Victoria Dalcourt Angle

NAICS Code Appeals: One Size Does Not Fit All

By: Damien C. Specht and James A. Tucker