by Terrence O'Connor | Oct 21, 2020 | Government Contracts
The often-heard claim that “a teaming agreement is not legally enforceable” is really a half-truth; the whole truth is that only some of the provisions in a teaming agreement are not enforceable. Because teaming agreements can play such a critical role in winning a...
by Stephanie Wilson | Oct 20, 2020 | Government Contracts
On October 16, 2020, the SBA issued an extensive final rule that makes numerous revisions and clarifications to the small business procurement regulations. This article provides a high-level overview of some of the most significant changes implemented by the new...
by Stephanie Wilson | Oct 19, 2020 | Government Contracts
Executive Order Prohibiting Divisive Workplace Training by Aleksey House (Law Clerk) On September 22, 2020, President Trump issued Executive Order (EO) 13950, “Combating Race and Sex Stereotyping,” which bans federal contractors from providing training that...
by Terrence O'Connor | Sep 23, 2020 | Government Contracts
Among all the various websites that government contractors have to monitor, which is the most important one? According to a recent GAO decision, it’s beta.SAM.gov because notice there creates an un-rebuttable presumption that a contractor received notice of agency...
by Terrence O'Connor | Sep 22, 2020 | Government Contracts
Contractors should not assume that every procurement action by every agency is subject to the protest jurisdiction of the Government Accountability Office (GAO). Some agencies have special exemptions from the federal procurement rules and regulations. In addition, as...
by Stephanie Wilson | Sep 22, 2020 | Government Contracts
Under GAO’s Bid Protest Regulations, “[i]f the agency decides to take corrective action in response to a protest, GAO may recommend that the agency pay the protester the reasonable costs of filing and pursuing the protest, including attorneys’ fees and...
by Stephanie Wilson | Aug 18, 2020 | Government Contracts
It is a contractor’s responsibility to submit a well-written proposal in response to a solicitation. As a recent GAO case illustrates, an agency will not find much value in an offeror’s broad, unspecific statements that do not allow the agency to make a meaningful...
by Terrence O'Connor | Aug 18, 2020 | Government Contracts
Keeping 8(a) procurements in the 8(a) program is procurement policy. Follow-on work must stay within the 8(a) program unless the Small Business Administration (SBA) concludes that the follow-on work is a “new requirement.” The term “new requirement” includes: “[t]he...
by Terrence O'Connor | Jul 16, 2020 | Government Contracts
In the opinion of many government contractors, this should be a short article. Many bidders give no thought to using the agency-level protest process pursuant to FAR 33.103 and agency FAR Supplements. They see no value in wasting their time and money on an...
by Terrence O'Connor | Jul 16, 2020 | Government Contracts
You would think that the Government Accountability Office (GAO) would consider a protest claiming that the agency is not enforcing the Buy American Act (BAA). But, as shown in a recent GAO decision in Craft Bearing Company, Inc., B- 418685, 2020 WL 3429044 (June 22,...
