Government Contracts & Investigations

DECEMBER 6, 2023

Since the beginning of Fiscal Year 2024, the Government Accountability Office has published 35 decisions, but only two of which resulted in decisions sustaining the challenge. Two categories of successful protest arguments discussed in our previous blog are Improper Past Performance Evaluations and Flawed Best Value Analyses.

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SmallGovCon

JUNE 19, 2024

Price Preference For civilian agencies , if the contractor with the lowest priced domestic end product is a large business, then the agency will add a price evaluation penalty to the offeror with the lowest priced foreign end product of 20%.

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Price Government Contracts Manufacturing Purchasing 81

Federal News Network

JANUARY 2, 2024

Tom Temin Yeah, GSA is certainly not the GSA of our fathers and grandfathers in terms of the contracting opportunities that offers and maybe you’re biased, but review what you think are some of the strengths that it brings towards headed into 2024. Sonny Hashmi Yeah, absolutely. We’ve made significant strides over the last year.

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How to Crack a Nut

NOVEMBER 3, 2023

There seemed to be some recognition of the need for more State intervention through regulation, for more regulatory control of standard-setting, and for more attention to be paid to testing and evaluation in the procurement context. Public procurement is an opportunity to put into practice how we will evaluate and use technology.’

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Kluwer Arbitration

JULY 2, 2024

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. The SFSC noted that in its set-aside action, Venezuela presented its own version of the facts and substituted its evaluation of the evidence for that of the tribunal.

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Government Contracts Legal Forum

MAY 9, 2024

On May 3, 2024, the Federal Acquisition Regulation (FAR) Council issued an Advanced Notice of Proposed Rulemaking (ANPR) regarding the prohibition on semiconductors produced by certain Chinese manufacturers, enacted in Section 5949(a)(1) of the James M. Comments and responses to the FAR Council’s questions are due on July 2, 2024.

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The Coalition for Government Procurement

JANUARY 11, 2024

These requirements are expected to be included in all DoD solicitations valued above the micro-purchase threshold, except for procurements that are exclusively for commercially available off-the-shelf (COTS) items. A compliance strategy may evaluate what technical gaps and legal risks exist and how they will be addressed.

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Inter-American Development Bank

JANUARY 12, 2024

To comprehensively assess the efficacy of escape clauses, we have developed the Escape Clause Clarity Index (ECCI), which will be part of the upcoming study “Navigating Fiscal Flexibility: Assessing the Quality of Escape Clauses in Rule-Based Fiscal Frameworks” by Ulloa-Suarez, Valencia, and Guerra (2024).

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The Coalition for Government Procurement

JULY 18, 2024

GSA is also expanding TDR as an option to additional SINs in August 2024. In March, Senator Mark Warner (D-VA) introduced the Health Care Cybersecurity Improvement Act of 2024 to provide financial incentives for healthcare providers that strengthened their cyber defense. See the article above for more details. Government (e.g.,

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Federal Construction Contracting

JANUARY 16, 2024

The proposed rule applies to defense contractors and subcontractors that will process, store, or transmit FCI or CUI and is expected to be made a part of every DoD solicitation with a value above the micro-purchase threshold (currently, $10,000). Comments on the proposed rule must be submitted by February 26, 2024.

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The Coalition for Government Procurement

JUNE 6, 2024

Join Us for the 2024 Joseph P. We look forward to continuing this support, and meeting some new service dogs, at the 2024 tournament! 1 Simplified Acquisition Threshold: The bill would raise the simplified acquisition threshold (SAT) from $250,000 to $500,000. Secure Your Sponsorship Today!

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Inside Government Contracts

SEPTEMBER 21, 2023

A number of provisions in both chambers’ versions of the FY 2024 NDAA seek to expand DoD purchases of goods and services produced in the United States: Navy Shipbuilding: Senate Section 866 would adjust the domestic content requirements under the Buy American Act of articles, materials, or supplies procured for use in Navy shipbuilding.

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The Coalition for Government Procurement

JANUARY 4, 2024

As we begin 2024, the first two months promise to be especially busy, with a number of key regulations on the horizon. In response to stakeholder input, GSA has provided temporary flexibilities for EPA requests through Acquisition Letter MV-22-02 , which was originally published in March 2022 and has been extended through March 2024.

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Inter-American Development Bank

MAY 8, 2024

Machine learning techniques can strengthen macro-fiscal policy design by providing data-driven insights, accurate forecasting of economic indicators, evaluating impacts of proposed measures, identifying structural vulnerabilities, and enabling timely policy responses through continuous monitoring of real-time data.

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The Coalition for Government Procurement

OCTOBER 19, 2023

PAP 2021-05, Evaluation of FSS Program Pricing, is one such example. This PAP fundamentally alters the MAS negotiation process, establishing evaluation standards, requirements, and procedures not found in the Federal Acquisition Regulation (FAR) or the General Services Acquisition Regulation (GSAR).

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Government Contracts Legal Forum

APRIL 30, 2024

On April 22, 2024, the Office of Management and Budget (OMB) issued a Final Rule significantly revising the Uniform Guidance for grants, cooperative agreements, and other federal financial assistance. Agencies must implement the Final Rule by October 1, 2024; however, agencies may apply it to federal awards as early as June 21, 2024.

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E-procurement Thresholds Internal Control Evaluation 52

The Coalition for Government Procurement

FEBRUARY 8, 2024

Become a Sponsor of the 2024 Spring Training Conference! We would like to thank our current sponsors: 2024 Spring Training Conference, May 8-9 To view the 2024 Sponsorship Prospectus, click here. Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold.

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E-procurement Price Negotiation Utilities Price 52

Public Contracting Institute

AUGUST 19, 2024

Does this policy establish that an evaluation cannot be performed on both the basic contract and each established order alternately during the contract term? The “ Guidance for the Contractor Performance Assessment Reporting System – July 2024” (the “ CPARS Guide”), Section B 2.2

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Federal News Network

AUGUST 20, 2024

million in new contract actions in the system, and have every expectation of hitting their goal of having 1,500 users onboarded by the end of 2024, so any suggestion that the Navy ePS program is actually struggling doesn’t seem to be supported by what we’ve seen and heard,” said the source. million in 2024.

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Procurement Electronics Contract Evaluation 119

Government Contracts Legal Forum

JANUARY 5, 2024

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 , signed into law on December 22, 2023, makes numerous changes to acquisition policy. The FY 2024 NDAA also includes the Federal Data Center Enhancement Act, the American Security Drone Act, and the Intelligence Authorization Act for FY 2024.

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Federal News Network

JANUARY 2, 2024

DoT plans to release an updated zero trust strategy and implementation plan by the end of 2024. ( The 2024 intelligence authorization act, passed by lawmakers last month, requires a report on the number of clearance holders in government and industry. The Army is expanding financial readiness resources for soldiers - U.S.

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The Coalition for Government Procurement

FEBRUARY 1, 2024

6936, the Federal Artificial Intelligence Risk Management Act of 2024, was introduced in the House earlier this month by Representatives Ted Lieu (D-CA-36), Zachary Nunn (R-IA-3), Donald Beyer (D-VA-08), and Marcus Molinaro (R-NY-19). Comments are due March 18, 2024. Companion legislation, S. 2] 13 CFR 125.18(b)(2)(ii). b)(2)(ii). [3]

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Kluwer Arbitration

JUNE 20, 2024

After more than a year of preparation, including a six-month comment period, the Guidelines were published on 30 April 2024 and have been tailored to the needs of the international arbitration community. It therefore encompasses the publicly known generative AI as well as evaluative or discriminative AI.

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Government Contracts Legal Forum

JUNE 27, 2024

Comments are due no later than August 19, 2024. The CASB also published a paper discussing six possible approaches and the criteria it will use to evaluate those approaches, but welcomed the public to identify alternatives for the CASB to consider. The full text of the notice is available here.

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Thresholds Contract Accountability Quantity 52

How to Crack a Nut

NOVEMBER 7, 2023

extensions and waivers In relation to covered safety-impacting or rights-impacting AI (as above), Section 5(a)(i) establishes the important principle that US Federal Government agencies have until 1 August 2024 to implement the minimum practices in Section 5(c), ‘or else stop using any AI that is not compliant with the minimum practices’.

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The Coalition for Government Procurement

MARCH 7, 2024

Registration Now Open for the 2024 Spring Training Conference! The Coalition for Government Procurement is pleased to announce that registration is officially OPEN for our 2024 Spring Training Conference – What is Fair and Reasonable, Part 2: Let’s Continue the Dialogue! The proposed rule addressed section 8 of the E.O.,

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Supply Chain Price E-procurement Thresholds 52

The Coalition for Government Procurement

NOVEMBER 2, 2023

FAR & Beyond: Thoughts on “What is Fair and Reasonable? Federal Acquisition Policy and Procedure (PAP) 2021-05, Evaluation of FSS Program Pricing , sets forth “comprehensive guidance regarding the evaluation of pricing throughout the life of a Federal Supply Schedule (FSS) program contract.”

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The Coalition for Government Procurement

DECEMBER 14, 2023

FAR & Beyond: What is Fair and Reasonable: Looking Ahead to 2024! As calendar year 2023 ends, the Coalition is looking ahead to 2024 and the policies, programs, and initiatives that will shape the federal procurement system and the delivery of customer agency mission support.

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Government Contracts & Investigations

NOVEMBER 17, 2023

As such, CMS proposes adding a facility-specialty type called “Outpatient Behavioral Health” to (1) the list of facility-specialty types that are evaluated for network adequacy standards and (2) to the published time and distance standards. 422.116 (d)(5). [2] 2] 42 C.F.R. 3] 42 C.F.R. 4] 42 C.F.R. 422.626; 42 C.F.R.§ 405.1200, et seq. [5]

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Procurement Notes

MARCH 16, 2023

However, the FOMC evaluates the 2% goal against the Personal Consumption Expenditures Price Index (“PCE”) (addressed below). 68] Moreover, CBO projects that “[n]et outlays for [national debt] interest [to] nearly double over the period in CBO’s projections, rising from $739 billion in 2024 to $1.4 percent before seasonal adjustment.”

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The Coalition for Government Procurement

NOVEMBER 9, 2023

Day Two – Healthcare Focus November 16, the healthcare focused day, will begin with keynote remarks from the Department of Veterans Affairs’ (VA) Chief Acquisition Officer Michael Parrish on “Modernizing the VA Supply Chain in 2024 and Beyond.” The new FAR provisions are to be included in all solicitations and contracts.

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E-procurement Supply Chain Telecommunication Contract 52