Government Contracts

Contractors holding “continuous” GSA Federal Supply Schedule (“FSS”) contracts must be careful they bid under the correct FSS contract.   Starting in February 2016, the General Services Administration (“GSA”) Federal Acquisition Service (“FAS”) allowed contractors to hold two continuous FSS contracts. The revised policies and procedures allow contractors to…

A recent GAO decision demonstrates why a vendor should continue to track contracts it lost for future modifications made by the government. When the Navy modified a contract that increased the contract value by 77%, a competitor saw the Navy’s public notice of the modification and successfully protested the modification.

Small business concerns will be pleased at the recent news that the Small Business Administration (“SBA”) recently made it easier for a small business to remain “small.” The SBA issued a final rule effective January 6, 2020, that changed the time period for determining whether a firm is a small…

It is not always easy to figure out where a protest should be filed. Although the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) both handle protests, each has slightly different protest jurisdiction as a protester recently learned.       Akira Technologies, Inc. (“Akira”)…

Government contractors shielding the proprietary information in their contracts from competitors will be pleased to learn about the Department of Justice (“DOJ”) recently issuing new guidance regarding Freedom of Information Act (“FOIA”) Exemption 4. Generally, the FOIA is used to require federal agencies to disclose information to the public, unless…

Earlier this month, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2019. The Annual Report provides data on the protests filed with the GAO, including a summary of the most common grounds for sustaining protests. GAO received 2,198 cases in FY2019, as compared to 2,607 the…

Failing to keep a proposal current and accurate all the way through the solicitation process can cost an offeror the contract, according to a recent decision from the U.S. Court of Federal Claims (COFC).  When the Department of Defense Washington Headquarters Services (WHS) requested quotes on a contract to…

Recently, the Court of Federal Claims (“COFC”) ruled that it lacked jurisdiction to resolve Space Exploration Technologies Corp’s (“SpaceX”) post-award bid protest challenging the United States Air Force Space and Missile Systems Center’s (“Air Force”) award of three launch services agreements (“LSA”). This ruling answered a looming question that many…

A recent GAO decision resolves for the time being a critical small business issue: whether the 3-year revenue average for determining small business status was still valid. GAO denied a protest that argued the 3-year period had been revised by a new law that extended the 3-year period…