Government Contracts & Investigations

DECEMBER 6, 2023

Two categories of successful protest arguments discussed in our previous blog are Improper Past Performance Evaluations and Flawed Best Value Analyses. Another category of successful protest challenges are those where there is an improper technical evaluation. As such, the GAO sustained this protest ground. In RELX, Inc. ,

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SmallGovCon

OCTOBER 31, 2023

Also, in moves that were likely aimed to increase participation, or at least interest among potential mentors, the DoD is proposing a reduction of the dollar threshold associated with mentor eligibility, and increasing the length of a mentor protégé agreement. Looking for the latest government contracting legal news?

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Federal News Network

FEBRUARY 22, 2024

In the first instance, they challenged the VA’s evaluation of their own proposal saying instead of acceptable, we should have been rated either good or outstanding because of flaws in the way that the agency evaluated our proposal. So typically, the Federal Circuit is the court of last resort for government contracts.

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SmallGovCon

NOVEMBER 17, 2023

million for construction contracts). While the specific goal will vary with each contract (or in some cases may be on a company-wide basis), it is rare for a contracting officer to find a large business hasn’t met the given goal. Looking for the latest government contracting legal news?

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Select GCR

SEPTEMBER 3, 2024

For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted. This involves documenting the evaluation of potential alternative supplies and explaining why they could not satisfy the requirements.

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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 4, 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. This would be a big win for software companies that sell indirectly to the Government.

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The Coalition for Government Procurement

AUGUST 29, 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). 1] The Government Accountability Office denied the protest. The CMMC 2.0

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Government Contracts Legal Forum

MAY 9, 2024

Both prohibitions will apply to all procurements, including commercially available off-the-shelf (COTS) items, and purchases below the micro-purchase threshold: Section 5949(a)(1)(A) ( Part A ) prohibits agencies from acquiring electronic products or services that include covered semiconductor products or services. View the full article

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Government Contracts & Investigations

OCTOBER 11, 2023

According to the Final Rule, FASC will evaluate sources and/or covered articles that may present supply chain risk, conduct reasonable diligence into the covered articles and/or sources identified, and will issue a recommendation for next steps. In August 2021, the FASC issued a Final Rule adding a new 41 C.F.R.

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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

FEBRUARY 29, 2024

9] Costs of compensation established under covered labor-management agreements are deemed reasonable unless the costs are “unwarranted” by the character and circumstances of the work or “discriminatory” against the Government. [10] 29] As a result, such compensation has a lower the audit risk.

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Price Government Contracts Government Government 52

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

SEPTEMBER 5, 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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Government Contracts & Investigations

OCTOBER 11, 2023

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. Applicability of the FAR Cost Principles The FAR Cost Principles apply to the “pricing of contracts, subcontracts, and modifications whenever cost analysis is performed.” [1]

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Price Government Contracts Government Government 52

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

DECEMBER 27, 2023

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. View the full article

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Government Contracts Legal Forum

APRIL 30, 2024

The Final Rule also makes many changes to 2 CFR Parts 180 and 200, including, but not limited to, increasing the threshold for audits, clarifying the requirements for fixed amount awards, and implementing a mandatory disclosure rule. View the full article

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The Coalition for Government Procurement

AUGUST 15, 2024

Accordingly, contractors competing under OT solicitations (as well as government contracting personnel) should be aware of the potential for judicial review of these kinds of acquisitions. 1] The Government Accountability Office denied the protest. The proposed changes to the DFARS are primarily to: Add references to the CMMC 2.0

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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

Public Contracting Institute

AUGUST 19, 2024

when the scope of the basic contract is very broad and the nature of individual orders could be significantly different)….” Does this policy establish that an evaluation cannot be performed on both the basic contract and each established order alternately during the contract term?

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Government Contracts Legal Forum

JUNE 27, 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. For contractors who currently do not have CAS-covered contracts, but do hold IDIQ contracts not otherwise CAS exempt (e.g.,

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Thresholds Contract Accountability Quantity 52

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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Inside Government Contracts

SEPTEMBER 21, 2023

Even shipbuilding contracts related to research, development, testing, and evaluation activities would be required to meet these thresholds. That percentage would increase on a graduated scale until January 1, 2033, at which time 100% of the cost of such components must be attributable to U.S.

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Select GCR

MAY 28, 2024

Key Takeaways Federal contractors are varied entities, ranging from sole proprietors to large corporations, and must comply with a wide range of federal regulations, including labor, IT security, and environmental laws, as well as adhere to specific types of government contracts such as supply, service, and construction.

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The Coalition for Government Procurement

JULY 18, 2024

For bulk sensitive personal data, there is a yet-to-be-determined volume threshold that must be involved in the transaction for it to be covered. Suggested thresholds in the ANPRM range from data sets on 100 U.S. Government (e.g., persons for highly sensitive data to more than 1,000,000 U.S.

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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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Federal News Network

APRIL 30, 2024

Those key personnel actually have a huge effect on your on the government’s evaluation of the contractors proposal and on the ability to actually win the job and be able to perform the work. The government takes a long time to solicit, evaluate and award contracts.

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Government Contracts & Investigations

SEPTEMBER 18, 2023

In government contracting, if a contract value exceeds a certain dollar threshold and an international trade agreement governing procurement is applicable, the BAA domestic preferences will be waived in favor of permitting acquisition of TAA-compliant products. The same process will not apply to BABA.

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Manufacturing Supply Chain Procurement Thresholds 52

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

FEBRUARY 8, 2024

This language would require suppliers to adhere to specified actions that are “consistent with the Framework” (although the bills do not specify what these actions will be) and provide “appropriate access to data, models, and parameters…to enable sufficient test and evaluation, verification, and validation.” Register now by clicking here.

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E-procurement Price Negotiation Utilities Price 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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Procurement Notes

JUNE 13, 2022

In a nutshell, management is going to inspect, gather information, communicate with stakeholders, perform analyses, evaluate results and procedures, update documents, file reports, and ensure that efforts are documented in case of audit by a Contracting Officer or the U.S. More on that below. So, what does EEO housekeeping look like?

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The Coalition for Government Procurement

MARCH 7, 2024

Marcia built an outstanding career as a procurement lawyer, as evidenced by her numerous accolades and contributions to the government contracting community. Recognized as a well-respected leader and consummate professional across the procurement community, Marcia founded and led Mayer Brown’s US Government Contracts practice.

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The Coalition for Government Procurement

FEBRUARY 1, 2024

This language would require suppliers to adhere to specified actions that are “consistent with the Framework” (although the bills do not specify what these actions will be) and provide “appropriate access to data, models, and parameters…to enable sufficient test and evaluation, verification, and validation.”

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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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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. The GAO agreed with Unico, finding the waiver was improperly granted.

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