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 expansion or modification of an existing requirement … where the magnitude…

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 agency-level protest that, in effect, finds…

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, 2020), GAO rarely considers…

It is not unusual for an agency to revise a solicitation when taking corrective action in response to a bid protest. A recent bid protest decision by GAO confirms that if an agency makes a material change to the solicitation’s terms, it must allow offerors to submit revised proposals in…

Starting in September, the Department of Defense will demand that bidders on DoD contracts meet higher cyber security requirements. And bidders will no longer be able to self-certify their compliance. Below are high-level questions guiding you on what you need to know. What are these higher cyber requirements?  The…

Last month, we discussed opportunities for federal contractors to expand their business prospects during a crisis such as the current coronavirus pandemic. These opportunities are found in FAR Part 18, Emergency Acquisitions, and increases to the thresholds for micro-purchases, simplified acquisitions, and some commercial items.  This month, we…

Last month, the Office of Management and Budget (OMB) approved the use of a revised Voluntary Self-Identification of Disability Form (CC-305) released by the Office of Federal Contract Compliance Programs (OFCCP). Section 503 of the Rehabilitation Act requires federal contractors and subcontractors with at least 50 employees and contracts of…

When companies get into trouble and need to investigate and prepare a report on it to the government, they typically want to limit the report’s exposure. One way to limit disclosing company information in these situations is to hire an outside law firm to direct the investigation and have the…

GAO recently sustained a protest that the agency improperly credited awardees for having mandatory certifications, where the certifications provided in the proposals were issued to affiliated entities and not the offeror. In that same procurement, GAO determined that the agency also unreasonably credited one of the awardees with the corporate…