Government Contracts Insights

January 08, 2019 - Federal Procurement, National Security
Senate Bill Demonstrates Continued Interest in the Federal Acquisition Supply Chain
By: Damien C. Specht and Locke Bell
For years, United States security agencies have recognized a threat to government information technology systems posed by contractor supply chains. The Government has struggled, however, to balance national security assessments of a contractor’s supply chain (which may include classified or otherwise sensitive information) against
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December 21, 2018 - Federal Procurement, Labor & Employment
Contractors Should Prepare for Potential Shutdown
By: Kathy C. Weinberg and Victoria Dalcourt Angle
Editor’s Note: What’s old seems to be new again. We wrote the below post 11 months ago. Though the date has now changed from January 19 to December 21, the information is pertinent once again for contractors wondering what to do in the event
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August 09, 2018 - Federal Procurement, Protests & Litigation, Compliance
“Workin’ Nine to Five” – But Not in a Government Office: Requesting a Debriefing
By: James A. Tucker
In Exceptional Software Strategies, Inc ., B-416232 , the Government Accountability Office (GAO) recently addressed the obscure rules for when a disappointed offeror must request a debriefing. It’s generally well known that, in procurements where offerors may have a right to debriefings, a disappointed
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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
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April 17, 2018 - Federal Procurement, Schedule Contracting, National Security
Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments
By: J. Alex Ward and Victoria Dalcourt Angle
As talk of a trade war escalates, government contractors should be alert to the possibility that the recently imposed steel and aluminum tariffs could increase their cost of performance. The orders, signed March 8, 2018 , impose a 25 percent tariff on imported steel
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January 31, 2018 - Federal Procurement, Protests & Litigation
Rare Federal Circuit Protest Decision Affirms Agency Discretion in Sole Source Context
By: J. Alex Ward
Last week, the Federal Circuit issued a rare opinion on a bid protest in Agustawestland North America, Inc. v. United States. Bid protest decisions by the Court of Federal Claims are seldom appealed by protesters because the ability to get a meaningful remedy quickly
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January 17, 2018 - Federal Procurement
Snowmen In August: Strict Compliance And Government Waiver of Contract Requirements
By: James A. Tucker
The Government “can engage a contractor to make snowmen in August, if [it spells] it out clearly [in a contract].” Rixon Electronics, Inc. v. United States , 536 F.2d 1345, 1351 (Ct. Cl. 1976). And the contractor generally must make the snowman as the
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January 11, 2018 - Federal Procurement, Protests & Litigation, Defense
DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report
By: James A. Tucker
The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out. The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017 to analyze a variety of issues relating to protests of DOD acquisitions. The
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July 06, 2017 - Federal Procurement, Protests & Litigation
Court of Federal Claims Asserts Jurisdiction Over OTA Claim
By: Locke Bell
The Court of Federal Claims held for the first time last Friday that damages were available for the Government’s alleged breach of an other transaction agreement (“OTA”), declining to dismiss a contractor’s $47 million claim against the Government for breach of a Space Act
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January 18, 2017 - Federal Procurement
OFPP Finds What Contractors Have Known: Effective Debriefings Will Lead To Better Proposals And Fewer Protests
On January 5, 2017, the Office of Federal Procurement Policy (“OFPP”) released the third memorandum in its “Myth-busting” series. The third memo found that effective debriefings help to prevent protests and that there is clear room for improvement in the ways in which agencies
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Topic Archives: Federal Procurement

Senate Bill Demonstrates Continued Interest in the Federal Acquisition Supply Chain

By: Damien C. Specht and Locke Bell

Contractors Should Prepare for Potential Shutdown

By: Kathy C. Weinberg and Victoria Dalcourt Angle

“Workin’ Nine to Five” – But Not in a Government Office: Requesting a Debriefing

By: James A. Tucker

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

Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments

By: J. Alex Ward and Victoria Dalcourt Angle

Rare Federal Circuit Protest Decision Affirms Agency Discretion in Sole Source Context

By: J. Alex Ward

Snowmen In August: Strict Compliance And Government Waiver of Contract Requirements

By: James A. Tucker

DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report

By: James A. Tucker

Court of Federal Claims Asserts Jurisdiction Over OTA Claim

By: Locke Bell

OFPP Finds What Contractors Have Known: Effective Debriefings Will Lead To Better Proposals And Fewer Protests