Late last week, the U.S. Department of Justice (DOJ) filed its complaint-in-intervention in a qui tam lawsuit against the Georgia Institute of Technology (Georgia Tech), alleging that the university failed to meet certain...more
Invited to the Aerospace & Defense Caucus at the Colorado legislature this week, I was impressed to see our agencies, universities, and industry participants shaping the future. At Sherman & Howard we’re partnering with...more
Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more
Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
This month’s bid protest roundup begins with two decisions, one from the Small Business Administration’s Office of Hearings and Appeals (OHA) and another from the Government Accountability Office (GAO), highlighting potential...more
In a bid protest decision released on Aug. 27, 2021, the Government Accountability Office (GAO) has resolved a long-simmering question regarding joint ventures and facility clearances. Specifically, in InfoPoint, LLC,...more
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority....more
In a time of uncertain federal budgets and an increasingly crowded marketplace, contractors of all sizes are on the lookout for ways to enhance their chances of winning federal business opportunities. Step one in this process...more
The US Court of Appeals for the Federal Circuit last month reversed a decision by the Armed Services Board of Contract Appeals that rejected a contractor’s proposed document legends prohibiting unauthorized third-party use of...more
The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government...more
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...more
In this post, we briefly summarize bid protest decisions from the U.S. Government Accountability Office (GAO) published in December 2019. This round-up presents two cases wherein GAO sustained the protest due to the failure...more
When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more
There is objection evidence. There is subjective evidence. And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a...more
Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government...more
The Situation: The U.S. Government Accountability Office ("GAO") dismissed a protest challenging a contractor's exclusion from the competitive range based upon the contractor's failure to diligently pursue a debriefing. ...more
In a recently released decision, the Court of Federal Claims held that the court did not have Tucker Act jurisdiction to resolve a bid protest challenging the award of Other Transaction Agreements ("OTAs"). In this case of...more
The United States Court of Appeals, Federal Circuit, (“Court”) addressed in a July 19th opinion whether the Court of Federal Claims (“Lower Court”) has subject matter jurisdiction to address a takings claim involving water...more
GOVERNMENT CONTRACTING - The Congressional Research Service issued a report providing an overview of small business contracting. The report describes the various federal programs, requirements, procurement officers, and...more
The Trump Administration promotes an "all of the above" energy strategy, but many of the Administration's actions to date seem to favor coal and fossil fuels at the expense of clean and innovative energy solutions. Although...more
Since government agencies are given substantial discretion in creating solicitations and evaluating proposals, contractors are frequently at a disadvantage in identifying and challenging improprieties. But that discretion is...more
The most common reason for contractors failing to meet the Small Business size standards set by the Small Business Administration (SBA) is because they are found to be affiliated with other companies, such that one company...more