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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Government Contracts & Investigations

FEBRUARY 29, 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. Consequently, the protester first filed an agency level protest challenging the evaluation, which was denied, and then filed a protest with the GAO.

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AWS Public Sector

OCTOBER 13, 2023

First, AWS Config , a service that continually assesses, audits, and evaluates the configurations and relationships of your resources on AWS, on premises, and on other clouds, offers a conformance pack for NIST 800-53r5. AWS Control Tower is built on top of AWS Organizations , which allows customers to group accounts and centralize billing.

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Federal News Network

FEBRUARY 22, 2024

Interview Transcript: Tom Temin So this was protested, not to the [Government Accountability Office (GAO)], but to the court in the first place, the Court of Federal Claims. And if the protester was correct, that may change the outcome of the new evaluation that the agency has to conduct to comply with the court’s ruling.

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PNWC's Government Contracting Update

DECEMBER 23, 2019

First, the simplified acquisition threshold currently sits at $150 thousand but there is a FAR proposal on the table that will increase that threshold to $250 thousand. Today we will continue the series with a new requirement concerning feedback to unsuccessful offerors. There are several things to note here.

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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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Inter-American Development Bank

JANUARY 12, 2024

This index serves as a robust measure, evaluating the precision and adaptability of these clauses across various critical dimensions. Countries often involve legislative power in activation and accounting. Still, engaging independent fiscal institutions for impartial oversight would strengthen the authority confirming activation.

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Government Contracts & Investigations

OCTOBER 11, 2023

1] The FAR defines cost analysis as “the review and evaluation of any of the separate cost elements and profit or fee in an offeror’s or contractor’s proposal as needed to determine a fair and reasonable price or to determine cost realism….” [2] 18] The Government must not apply hindsight in evaluating cost reasonableness.

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Price Government Contracts Government Government 52

Kluwer Arbitration

JUNE 20, 2024

It therefore encompasses the publicly known generative AI as well as evaluative or discriminative AI. However, it should once again be noted that the broad definition might also include future AI tools which therefore would have to be evaluated on a case-by-case basis.

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Select GCR

JUNE 4, 2024

To qualify for 8(a) certification, a business must meet SBA size standards, be majority-owned by economically and socially disadvantaged individuals, and demonstrate potential for success along with the owner’s good character and appropriate financial thresholds. For instance, an applicant’s net worth must not exceed $850,000.

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The Coalition for Government Procurement

AUGUST 29, 2024

This symposium is an excellent opportunity for contracts and compliance professionals, Federal account executives, and other professionals to stay informed and ensure their organizations are prepared for current and future cybersecurity requirements from their Federal customers. 1] The Government Accountability Office denied the protest.

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Tracker Intelligence

SEPTEMBER 6, 2022

Accountability Businesses, contractors, and government organisations should have a way to hold each other accountable for their decisions and actions. The type of contract will determine the threshold since different thresholds exist for specific types of contracts. Restricted procedures have two stages.

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Government Contracts & Investigations

FEBRUARY 29, 2024

The previous four Cost Corner articles addressed the Cost Principles pertaining to the general criteria for determining the allowability of costs, direct and indirect costs, accounting for unallowable costs, and penalties for unallowable costs. 29] As a result, such compensation has a lower the audit risk.

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Price Government Contracts Government Government 52

LexBlog: Contracts & Procurement

MARCH 22, 2022

Court of Federal Claims, the General Accountability Office or an agency, the key to a successful protest is to set forth a detailed statement of the legal and factual grounds, including identifying specific facts. Whether before the U.S. Critically, enhanced debriefing procedures also grant the contractor more time to submit a bid protest.

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Kluwer Arbitration

JULY 2, 2024

The SFSC held that under these circumstances, it did not need to take the alleged facts into account (para. 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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Federal News Network

AUGUST 20, 2024

MVCR functionality included basic Federal Acquisition Regulation (FAR) contracting, such as firm-fixed price (FFP) contracts, purchase orders, task or delivery orders, and indefinite delivery vehicles under the Simplified Acquisition Threshold (SAT) and using the Simplified Acquisition Procedures (SAP) for making purchases of supplies or services.

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The Coalition for Government Procurement

APRIL 4, 2024

On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue. 5] Small Business Participation Evaluation Factor A solicitation with a small business participation evaluation factor required large business offerors to provide copies of “enforceable” small business teaming agreements with the offer.

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The Coalition for Government Procurement

SEPTEMBER 5, 2024

This symposium is an excellent opportunity for contracts and compliance professionals, Federal account executives, and other professionals to stay informed and ensure their organizations are prepared for current and future cybersecurity requirements from their Federal customers. The CMMC 2.0 To register, click here.

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How to Crack a Nut

FEBRUARY 24, 2023

Similar issues arise with the possibility to creatively structure remuneration under some of these contracts to keep them below regulatory thresholds (eg by ‘remunerating in data’). Such requirements could be seen as unjustified and/or disproportionate, leading to an infringement of EU procurement law.

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The Coalition for Government Procurement

APRIL 11, 2024

On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue. 5] Small Business Participation Evaluation Factor A solicitation with a small business participation evaluation factor required large business offerors to provide copies of “enforceable” small business teaming agreements with the offer.

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Select GCR

MAY 7, 2024

Multiple-award contracts mandate a fair opportunity to all awardees for orders over the micro-purchase threshold, though there are exceptions like urgency or specialized service needs. Thorough market research and a well-defined strategy are essential to ensure your business addresses the agency’s evaluation criteria.

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The Coalition for Government Procurement

APRIL 25, 2024

GAO Reviews Agency Progress on Cybersecurity Executive Order MeriTalk reports that the Government Accountability Office (GAO) released a review on April 18 which found that, while 49 of 55 leadership and oversight requirements from the 2021 Executive Order (EO) on Improving the Nation’s Cybersecurity have been implemented, five are still unfinished.

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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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Price E-procurement Supply Chain Procurement 52

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

AUGUST 15, 2024

He began with the Government Accountability Office before serving as Chief Counsel to the then-GSA Board of Contract Appeals. According to the Centers for Medicare and Medicaid Services (CMS), “[t]hese selected drugs accounted for $56.2 1] The Government Accountability Office denied the protest. Tom also was Counsel to the U.S.

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Procurement Notes

JULY 28, 2021

However, Agency Counsel is merely an advisor, does not write the CO’s performance evaluation, and, in any event, is a “no” factory, killjoy, four-eyed geek (at least that’s the stereotype). Government Accountability Office (“GAO”) or the U.S. Indeed, it is only the possibility of a bid protest that provokes adequate diligence.

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Bidding E-procurement Procurement Evaluation 40

Federal News Network

JANUARY 2, 2024

I think we recently saw an article that we crossed $100 billion a year market share threshold, which was somewhat unheard of just even a few years ago, but it’s all due to an unknown. And so we do take that into account very, very closely. We’ve made significant strides over the last year.

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Government Contracts Legal Forum

AUGUST 29, 2024

Currently, SBA’s regulations on joint ventures provide that a procuring activity may not require a protégé firm to individually meet the same evaluation or responsibility criteria as that required of other offerors generally. Application of HUBZone Price Evaluation Preference (PEP). SBA’s Proposed Roll-out of New 13 C.F.R.

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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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The Procurement School

OCTOBER 22, 2024

How they spend taxpayer money is a subject of much debate, but when public buyers explore appropriate opportunities for SME engagement and are curious and open-minded when drafting requirements, SMEs that are responsive and accountable can deliver quality outcomes for economic development.

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The Coalition for Government Procurement

JANUARY 4, 2024

Covered follow-on contracts include most contracts governed by the Service Contract Act (SCA) that exceed the Simplified Acquisition Threshold, currently set at $250,000. A compliance strategy may evaluate what technical gaps and legal risks exist and how they will be addressed.

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The Procurement School

OCTOBER 6, 2023

Author: Graham Allen In the second of two parts of “Navigation the Five Steps of the Procurement Journey” we’ll be covering posting, evaluation, award and close out. Step 4 Evaluation Once the procurement closes bids are evaluated. The first evaluation stage is the mandatory requirements which are evaluated either ‘yes’ or ‘no’.

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Procurement Notes

OCTOBER 10, 2022

18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.

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GovCon & Trade

AUGUST 28, 2023

In the face of strong opposition from some powerful lobbying groups like the United Steelworkers Union, DOT maintained fairly robust thresholds in line with the proposed waiver. The waiver will also apply when “[t]he total amount of Federal financial assistance applied to the project, through awards or subawards, is below $500,000.”

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The Coalition for Government Procurement

SEPTEMBER 26, 2024

The FIT Act would authorize agencies to make advanced payments for cloud computing services, increase the simplified acquisition threshold from $250,000 to $500,000 and the micro-purchase threshold from $10,000 to $25,000, and require Federal procurement officers to take cross-functional training. The CMMC 2.0

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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.” billion, which accounted for 11.4

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Supply Chain Price Contract E-procurement 52

Government Contracts Legal Forum

JANUARY 5, 2024

Cost Accounting Section 802 amends 10 U.S.C. Although consolidation of the DIB has been an area of increased regulatory focus in recent years, the Government Accountability Office (GAO) released a report in October 2023 finding that DoD lacked sufficient resources and insight to perform its M&A monitoring and assessment function.

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