Earlier this year the Federal Acquisition Regulation (“FAR”) Council issued a final rule, which took effect February 16, 2021, amending the FAR to limit the use of Lowest Price Technically Acceptable (“LPTA”) source selection procedures. Similar to the final rule...
Federal Circuit Clarifies Protest Timeliness Rules for Obtaining Automatic Stay
The U.S. Court of Appeals for the Federal Circuit’s recent decision in Nika Technologies, Inc. v. United States, reversed a decision by the Court of Federal Claims (COFC) and provided important clarification regarding the timeliness rules for obtaining a stay of...
Offeror’s Failure to Update Government on Changes to Point of Contact Results in Exclusion from Competition
Out-of-office email responses can make communications easier but they must be updated and kept current. Reliance on an “Away Message” from an offeror’s point of contact (POC) during an on-going solicitation led to the offeror being eliminated from the competition. In...
SBA Issues Interim Final Rule on Extension of Participation in 8(a) Business Development Program
On January 13, 2021, the U.S. Small Business Administration (SBA) published an interim final rule that implementing provisions of the Consolidated Appropriations Act, 2021 (Appropriations Act), and the National Defense Authorization Act for Fiscal Year 2021 (NDAA...
COVID-19 Relief Impact for Government Contractors: PPP Forgiveness, Indirect Rates, & Incurred Cost Proposals
Guest Author: Robert E. Jones, CPA, CPCM, NCMA Fellow, Left Brain Professionals Background Congress approved multiple COVID-19 relief bills in 2020 to aid businesses and employers struggling with the financial impacts continuing into 2021. The Coronavirus Aid, Relief,...
Secrets of FAR – and DFARS
Where does FAR say that a contracting officer must treat contractors in a fair and equitable way? Where does FAR make contractors part of the “Acquisition Team” and encourage contractors to be involved in the acquisition planning process? Where does FAR deal with the...
Federal Court Enjoins Enforcement of Executive Order Limiting Diversity Training
On December 22, 2020, the US District Court for the Northern District of California issued a nationwide preliminary injunction prohibiting the federal government from enforcing portions of Executive Order 13950 (EO 13950), “Combating Race and Sex Stereotyping.” We...
Rocket Docket Taps the Brakes on Various Proceedings Due to Surge in COVID-19 Cases
In September, the district courts in the Rocket Docket began to carefully resume operations that had been suspended due to the ongoing COVID-19 pandemic. The courts resumed criminal jury trials using a modified process with altered courtrooms that allowed for...
New H-1B Regulations Favor Highly-Paid Workers
On January 8, 2021, the U.S. Department of Homeland Security published its final rule modifying the process by which cap-subject H-1B visas will be allotted. The H-1B is an employment-based nonimmigrant visa for workers in specialty occupations, which typically...
GAO Releases FY2020 Bid Protest Statistics
On December 23, 2020, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2020. 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 2,149 cases in...