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Federal Acquisition Regulations (FAR) Offerors Federal Contractors

Fox Rothschild LLP

Can the Government Ignore Red Flags of Set-Aside Fraud?

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The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission....more

Morrison & Foerster LLP - Government...

November 2023 Bid Protest Roundup

This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more

Morrison & Foerster LLP - Government...

August 2023 Bid Protest Roundup: Former Government Employees; Buy American Act Waivers

This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more

Morrison & Foerster LLP - Government...

June 2023 Bid Protest Roundup: Errors, Experience, Corrective Action

This month’s bid protest roundup focuses on two decisions from the U.S. Court of Federal Claims (“Court”) and one decision from the U.S. Government Accountability Office (“GAO”). These decisions involve (1) the Court’s...more

Wiley Rein LLP

New ‘Advisory Down Select’ Evaluation Approach Alters Contractors’ Protest Calculus

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We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...more

Morrison & Foerster LLP - Government...

May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling

This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different...more

Morrison & Foerster LLP - Government...

February 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a...more

Morrison & Foerster LLP

Interim Rule Issued To Implement 2019 NDAA Prohibition On The Use Of Covered Telecommunication And Video Surveillance Equipment Or...

On July 14, 2020, the Federal Acquisition Regulation (“FAR”) Council published a long-awaited interim rule (the “Interim Rule”) implementing the second prong of Section 889 of the 2019 National Defense Authorization Act...more

Obermayer Rebmann Maxwell & Hippel LLP

Avoiding Common Bid Protest Mistakes, Part 4: Deconstructing Debriefings – What You Can/Can’t and Should Ask, and the Effect of...

To all our friends and readers out there, we hope you are surviving protest season! Our clients have had some big successes, and hopefully you have, too. In the spirit of the season, the Obermayer Government Contracting group...more

Bass, Berry & Sims PLC

The Christian Doctrine Strikes Again … To Require Performance and Payment Bonds in all Construction Contracts

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On November 5, 2018, the Federal Circuit held in a precedential decision that bonding requirements in FAR 52.228-15, “Performance and Payment Bonds—Construction,” were read into all construction contracts by operation of law...more

Cohen Seglias Pallas Greenhall & Furman PC

GAO Interprets Protest Filing Deadlines in the Wake of Enhanced Debriefing Rules

The Department of Defense (DoD) enhanced post-award debriefing requirements, contained in Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA), have been a large topic of conversation this past...more

Pillsbury Winthrop Shaw Pittman LLP

DoD’s Enhanced Debriefings: GAO Provides Timeliness Guidance

In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations. Enhanced Debriefing rule does not alter GAO timeliness rules....more

Blank Rome LLP

New DOD Class Deviation Changes Debriefing Process

Blank Rome LLP on

The United States Department of Defense (“DOD”) has amended the process for debriefings required under Federal Acquisition Regulation (“FAR”) 15.506 to allow for offeror questions related to the debriefing. Offerors are...more

Pillsbury Winthrop Shaw Pittman LLP

Defenders of the Debriefing

New DoD rules enhance contractors’ post-award debriefing rights. New rules implemented immediately for all Department of Defense agencies expand offerors’ rights in connection with post-award debriefings in federal...more

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