Inside Government Contracts

DECEMBER 14, 2023

The requirement to pay “prevailing wages” to covered workers is a perennial aspect of many types of government contracting, including construction contracts subject to the Davis-Bacon Act (“DBA”) and certain related laws (collectively referred to as the Davis-Bacon and Related Acts or “DBRA”).

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Government Contracts & Investigations

DECEMBER 6, 2023

As contracting activities are busy awarding new contracts, it is important to follow the trends related to successful and effective protests as you consider filing your own bid protest, or as you defend your award as an intervenor. Below we dive into recent bid protest decisions and identify what won, what did not win, and why.

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GovSpend

JUNE 18, 2024

Below, we recap her primary takeaways, giving readers a comprehensive guide to winning more government contracts with GovSpend. Build Relationships Ahead of Bids and RFPs: Identify agencies most likely to buy and begin building a relationship before the planning/drafting stages of the RFP.

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SmallGovCon

OCTOBER 8, 2024

If the contract is likely to have a greater value, the contracting officer can still give a sole source award if they have no reasonable expectations that two participants will bid and the award can be made at a fair price. Once more, the rule only requires the contracting officer to consider a HUBZone sole source award.

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Government Contracts

JANUARY 15, 2025

A bid protest pilot program included in the 2025 National Defense Authorization Act shifts litigation costs onto unsuccessful bid protesters and raises claim-filing thresholds, which could increase risks to U.S.

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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. There were also two requests for costs, one of which was denied, and one request for consideration, which was, unsurprisingly, denied.

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Public Contracting Institute

AUGUST 19, 2024

As we prepare for our 17th episode of Season 11, here are a few Episode 17 FAR Facts for us to think about: A bid guarantee is a form of security that the Government uses to assure that a contractor will not withdraw a bid within a specified period of acceptance. FAR 28.001. FAR 28.103-1. FAR 29.201(c).

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SmallGovCon

JANUARY 11, 2024

This post can tell you all the basics about debriefings, a crucial part of the complicated world of bidding on government contracts. Before you can bid on a federal contract, you have to be registered in SAM. 9 Senate-Passed 2024 NDAA set to Raise DoD Set-Aside Sole-Source Contract Threshold Limits.

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Thresholds Government Contracts Bidding Purchasing 59

Government Contracts Legal Forum

JANUARY 16, 2024

Subject to limited exceptions, GAO’s bid protest jurisdiction over Department of Defense (DoD) awards of task orders under multiple-award contracts is limited to those “valued in excess” of $25 million. million, was below the $25 million threshold. million, was below the $25 million threshold. B 421989, B 421989.2,

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Federal News Network

FEBRUARY 22, 2024

Multiple-award contracts don’t mean everyone who bids get a slot. 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. It’s common in a bid protest.

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Procurement Notes

MARCH 5, 2024

To be at the 100-employee threshold, the employer must be a “business enterprise that employs— (i) 100 or more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.” [57] 22, 2023), available at [link]. [21]

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Select GCR

JUNE 4, 2024

We cover the eligibility criteria, application steps, and the tangible benefits you can gain from this program, aiming to enhance your competitive edge in government contracting. Such contracts are a significant boon, providing a secure revenue stream and a foot in the door of government contracting.

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Tracker Intelligence

SEPTEMBER 6, 2022

By law, a public sector organisation that is seeking a contract opportunity over a given value must advertise the opportunity in the Official Journal of the European Union OJEU). The type of contract will determine the threshold since different thresholds exist for specific types of contracts.

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Government Contracts & Investigations

OCTOBER 11, 2023

Importantly, though the prohibition and related representation do refer to “use,” this is use in performance of the covered contract – and not “use” in the broader sense as understood under the Section 889 prohibitions. Contractors will be required to perform some sort of diligence in advance of submitting bids.

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The Coalition for Government Procurement

FEBRUARY 8, 2024

Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold. Further, agencies are encouraged to include on-ramps and discouraged from including off-ramps for organic growth in their MACs.

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The Coalition for Government Procurement

JANUARY 18, 2024

They must also report to the government if they discover that a covered article has been provided or used in the performance of a contract. The interim rule applies to all contracts, including those for commercial products and services and below the Simplified Acquisition Threshold. To register, click here.

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The Coalition for Government Procurement

JANUARY 11, 2024

Applicability All government contractors that handle regulated data under DoD contracts such as CUI and FCI are required to meet CMMC. CMMC requirements, however, are not applicable under the proposed rule to government information systems operated by contractors in support of the government.

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Federal News Network

APRIL 30, 2024

But for government contractors, this has some very unique and I think, deleterious consequences. And so the company needs a way of keeping those key personnel relevant for their bid during the process that the government is going through. And the government itself will suffer from this.

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GovCon & Trade

AUGUST 28, 2023

Whether through the vaccine mandate, minimum wage increase, emissions disclosure rules, or now with Buy America (BA) rules, the Biden administration has long used the government contracting community to advance its domestic policies. McMillen’s bid submission used foreign butterfly valves and requested a waiver, which was denied.

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Procurement Notes

JUNE 15, 2021

Jay Blindauer A contractor will often incur a significant cost (in time and money) to prepare and submit a proposal for a possible Government contract. 17] Despite that the term is not statutorily defined, it means just as it reads—a competition in which the competitors are required to submit proposals, not a sealed bidding. [18]

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The Coalition for Government Procurement

SEPTEMBER 26, 2024

Check out the list of upcoming events and register below: October 3 : Webinar: Bid Protests and Other Recent Federal Contract-Related Litigation – and Impacts on Contractors – Click here to register. Other Upcoming Events The Coalition will have a packed calendar leading up to the Fall Training Conference! The CMMC 2.0

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The Coalition for Government Procurement

SEPTEMBER 12, 2024

Further, confirming the broad applicability of CMMC, DOD confirmed that these requirements will be applicable to contracts below the Simplified Acquisition Threshold (which currently sits at $250,000). Don’t Miss the 2024 FPS Government Contracts Year in Review! 89 FR 68274.

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The Coalition for Government Procurement

APRIL 11, 2024

The CBCA held the EULA between Avue and the Federal Government was not a “procurement contract” because the EULA did not obligate Avue to furnish any services, or obligate the Federal Government to pay Avue for any services furnished. The guidance also instructs VA staff to limit the sharing and saving of data on VA systems.

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The Coalition for Government Procurement

APRIL 18, 2024

While the threshold for reporting under CISA’s rule is higher than, for example, under the Department of Defense’s (“DoD’s”) cyber incident reporting rule (which requires reporting of incidents involving activities that “may have” occurred), this is a welcome acknowledgement of the practicalities of cyber incident detection and response.

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Select GCR

SEPTEMBER 3, 2024

Having multiple suppliers to choose from allows a procurement team to leverage competitive bidding, ensuring the best value for the organization. In such cases, the competitive bidding requirement is not applicable. It is typically employed to save time and resources by avoiding a competitive bidding process.

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The Procurement School

OCTOBER 22, 2024

The suggestions apply to all segments of competitive bidding, including the SME segments of Supplier Diversity, Indigenous and Social Procurement. Public sector professionals must responsibly procure goods and service contracts on behalf of the taxpayer. They, unlike larger companies, do not have as much time to solicit new work.

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The Coalition for Government Procurement

AUGUST 15, 2024

As we bid farewell to Tom in his professional capacity, the Coalition extends our heartfelt gratitude for his years of service and wish him all the best in his well-deserved retirement. United States , exercising jurisdiction to consider a bid protest involving Other Transaction (“OT”) authority.

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Procurement Notes

OCTOBER 10, 2022

Jay Blindauer A contractor takes on a Government contract to make money, and inflation is getting in the way. With inflation eroding value for this long, a Government contractor may need to obtain contract relief. 17] However, FAR 16.203-4 limits the use of the FAR EPA clauses to fixed-price contracts. [18]

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The Coalition for Government Procurement

APRIL 25, 2024

While the threshold for reporting under CISA’s rule is higher than, for example, under the Department of Defense’s (“DoD’s”) cyber incident reporting rule (which requires reporting of incidents involving activities that “may have” occurred), this is a welcome acknowledgement of the practicalities of cyber incident detection and response.

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Government Contracts Legal Forum

JANUARY 5, 2024

Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here. Website content must be updated biannually and be maintained as open government data assets. View the full article

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The Coalition for Government Procurement

SEPTEMBER 19, 2024

DFARS clause 252.204-7021, Contractor Compliance with the CMMC Requirements , will be used in solicitations and contracts that require contractors to have a specific CMMC level, including those using FAR Part 12 for commercial products and commercial services, with the exception of COTS items. The CMMC 2.0

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The Coalition for Government Procurement

JANUARY 4, 2024

The rule, entitled “Nondisplacement of Qualified Workers under Service Contracts,” requires that contractors and subcontractors who work on “covered Federal service contracts” offer service employees on a predecessor contract a right of first refusal of employment on the successor contract.

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Inside Government Contracts

OCTOBER 10, 2023

Under the new rule, contracting officers will include the primary incident reporting clause, FAR 52.239-ZZ, Incident and Threat Reporting and Incident Response Requirements for Products or Services Containing Information and Communications Technology, in all new solicitations and contracts.

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Government Contracts & Investigations

OCTOBER 4, 2023

The new FAR provisions are to be included in all solicitations and contracts. There is no exception for contracts below the simplified acquisition threshold, for commercial products and services, or for commercially available off-the-shelf (COTS) products. There is a separate open FAR case (No.

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The Coalition for Government Procurement

NOVEMBER 30, 2023

The new FAR provisions are to be included in all solicitations and contracts. There is no exception for contracts below the simplified acquisition threshold, for commercial products and services, or for commercially available off-the-shelf (COTS) products. There is a separate open FAR case (No.

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The Coalition for Government Procurement

NOVEMBER 2, 2023

In doing so, agencies must submit a “compelling justification for why an exception should be granted,” such as on impacts to “mission-critical functions” or considerations relating to the “national interest.”

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The Procurement School

JUNE 25, 2023

This generally means conducting an open, fair, and transparent competitive contracting process for any significant contract. The thresholds at which procuring entities are required to adhere to the CETA requirements are necessarily quite high and are subject to currency conversion and indexing rates.

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