Government Contracts Insights

August 16, 2022 - Federal Procurement
Another Piece to the Puzzle: Court of Federal Claims Has Jurisdiction Over Bid Protest Where the Disputed Other Transaction Could Lead to a Follow-On Production Contract
By: Locke Bell and Victoria Dalcourt Angle
There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported , cases such as SpaceX , MD Helicopter , and Kinemetrics have provided useful data points. The most recent decision of the U.S. Court of
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August 12, 2022 - Federal Procurement
July 2022 Bid Protest Roundup: Standing, Delivery Orders, Conflicts
By: Sandeep N. Nandivada
This month’s bid protest round up focuses on three recent decisions from the U.S. Court of Federal Claims and the Government Accountability Office (GAO). These decisions involve (1) standing at the Court where protest allegations are speculative; (2) the rules related to delivery orders issued
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July 12, 2022 - Acquisition Regulations, Federal Procurement, Domestic Preferences
Chasing the FAR: DOD’s Buy American Act Final Rule
By: Markus Gerhard Speidel
Recently, the Department of Defense (DOD) issued a final rule that immediately implements President Trump’s Executive Order (E.O.) 13881 to maximize the government’s procurement of American-made goods, products, and materials under the Buy American Act (BAA) statute. The final rule conforms the DOD’s pre-existing
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June 13, 2022 - Federal Procurement
DoD Calls for Continued Flexibility in Contract Place of Performance
By: Markus Gerhard Speidel
In a win for remote contractors, the U.S. Department of Defense (DoD) expressed its continued preference for remote work under its contracts. In a memorandum issued earlier this month, the Office of the Under Secretary of Defense (OUSD) asked contracting officers (COs) not to
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May 31, 2022 - Federal Procurement
Sekri, Inc. V. United States: Are Pre-proposal-submission Email Exchanges Now Enough to Avoid Blue & Gold Waiver?
By: James A. Tucker
In the seminal decision Blue & Gold Fleet, L.P. v. United States , the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a patent error and
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May 16, 2022 - Federal Procurement
April 2022 Bid Protest Spotlight: Late-Is-Late, Party Interest, Timeliness
By: Caitlin A. Crujido
This month’s Bid Protest Roundup examines three recent decisions by the U.S. Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). The first two protests involve late proposal submissions both at the GAO and at the COFC, and the third involves establishing interested
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February 03, 2022 - Federal Procurement, Schedule Contracting
Five Peculiarities of Protests of Federal Supply Schedule Orders
By: James A. Tucker
The General Services Administration’s Federal Supply Schedule contracts are an efficient method for agencies across the Government to meet their needs for many commercially available supplies and services. For requirements above a certain value, agencies ordinarily hold competitions among Schedule contract holders for issuance of
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February 05, 2021 - Acquisition Regulations, Federal Procurement
New Year, New Domestic Preference Restrictions: Trump Final Rule and Biden Executive Order
By: Damien C. Specht and James A. Tucker
Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many Federal procurements. The outgoing and incoming Administrations each took actions this January that will
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December 15, 2020 - Federal Procurement, National Security
Initial Thoughts on the 2021 NDAA’s Procurement Provisions
By: J. Alex Ward, James A. Tucker and Locke Bell
Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the procurement-related provisions that likely will remain
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September 17, 2020 - Acquisition Regulations, Federal Procurement, Domestic Preferences
Proposed Rule to Amend the Far’s Implementation of the Buy American Act
By: Damien C. Specht and James A. Tucker
Earlier this week, the FAR Council issued a proposed rule to implement President Trump’s Executive Order 13881. The Executive Order called for the expansion of the preference for domestic goods, products, and materials – particularly domestic iron and steel – in Federal procurements. If
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Topic Archives: Federal Procurement

Another Piece to the Puzzle: Court of Federal Claims Has Jurisdiction Over Bid Protest Where the Disputed Other Transaction Could Lead to a Follow-On Production Contract

By: Locke Bell and Victoria Dalcourt Angle

July 2022 Bid Protest Roundup: Standing, Delivery Orders, Conflicts

By: Sandeep N. Nandivada

Chasing the FAR: DOD’s Buy American Act Final Rule

By: Markus Gerhard Speidel

DoD Calls for Continued Flexibility in Contract Place of Performance

By: Markus Gerhard Speidel

Sekri, Inc. V. United States: Are Pre-proposal-submission Email Exchanges Now Enough to Avoid Blue & Gold Waiver?

By: James A. Tucker

April 2022 Bid Protest Spotlight: Late-Is-Late, Party Interest, Timeliness

By: Caitlin A. Crujido

Five Peculiarities of Protests of Federal Supply Schedule Orders

By: James A. Tucker

New Year, New Domestic Preference Restrictions: Trump Final Rule and Biden Executive Order

By: Damien C. Specht and James A. Tucker

Initial Thoughts on the 2021 NDAA’s Procurement Provisions

By: J. Alex Ward, James A. Tucker and Locke Bell

Proposed Rule to Amend the Far’s Implementation of the Buy American Act

By: Damien C. Specht and James A. Tucker