Government Contracts Insights

September 27, 2019 - Federal Procurement, Protests & Litigation, Defense, Compliance
DOD Promulgates Long-awaited Restrictions on LPTA Procurement
By: James A. Tucker
The Department of Defense (DOD) has promulgated the final rule restricting DOD’s use of Lowest Price Technically Acceptable (LPTA) acquisition methods. The final rule adopts, without any substantive changes, the proposed rule published last December and implements sections of the National Defense Authorization Acts
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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”
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June 26, 2019 - Federal Procurement, Data Rights, Grants, Intellectual Property, Cybersecurity & Data Privacy
Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA
By: Tina D. Reynolds, James A. Tucker and Locke Bell
You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of Information request. In a reversal of long-standing
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March 01, 2019 - Federal Procurement, Defense, Compliance
Undefinitized Contract Action Proposed Rule
By: James A. Tucker
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.
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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: 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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Topic Archives: Federal Procurement

DOD Promulgates Long-awaited Restrictions on LPTA Procurement

By: James A. Tucker

President Issues New Domestic Preference Executive Order

By: Damien C. Specht and James A. Tucker

Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA

By: Tina D. Reynolds, James A. Tucker and Locke Bell

Undefinitized Contract Action Proposed Rule

By: James A. Tucker

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: 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