Government Contracts

AUGUST 27, 2024

Courts and appeals boards have decided several consequential cases impacting government contractors this year, including determining whether software end-user licenses are procurement contracts and weighing in on when companies can protest alleged violations of a federal preference for commercial items.

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Select GCR

MAY 14, 2024

It’s like a treasure trove of standard solicitation provisions and contract clauses, providing a ready reference for the standard terms often incorporated in government contracts. Types of Procurement Contracts The FAR identifies and provides guidelines for various types of procurement contracts.

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Public Contracting Institute

MARCH 6, 2024

Where agencies have authority to enter into contracts or other transactions, contracts and agreements issued by these agencies under OTAs are not procurement contracts. For other helpful suggestions on government contracting, visit: Richard D. . §§ 3551(1), 3552; 4 CFR §21.1(a).

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Government Contracts Legal Forum

MARCH 11, 2024

The Board initially denied the motion but later sua sponte ordered the parties to file supplemental briefs addressing whether a software license is a procurement contract. As discussed in a previous alert , the Board then dismissed the appeal on the basis that the EULA was not a procurement contract within the meaning of the CDA.

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Select GCR

SEPTEMBER 17, 2024

This article will guide you through the essentials of government contracting, from understanding different contract types to the steps required to secure a contract with government. For many businesses, engaging in federal government contracts can be a significant revenue stream and a catalyst for growth.

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Government Contracts

MAY 24, 2024

The federal government has introduced several strategies over the last decade to help small businesses vie for procurement contracts, but overstretched acquisition staff may have limited capacity to deploy these strategies and reverse a downward trend in small business participation.

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The Coalition for Government Procurement

MARCH 28, 2024

As a general rule, the Federal Government does not deal directly with subcontractors, and the CDA only grants the CBCA jurisdiction over “procurement contracts” (i.e., agreements between a prime contractor and the Federal Government). the software company’s) EULA is incorporated into the procurement contract.

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SmallGovCon

JANUARY 18, 2024

The CBCA however states that under the Contract Disputes Act (“CDA”), its jurisdiction is limited to contracts with an executive agency, and FEMA (the executive agency here) was not a party to the contract between PERPA and the contractor. Looking for the latest government contracting legal news?

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ExecutiveBiz

AUGUST 26, 2024

million indefinite-delivery/indefinite-quantity contract to repair K34 marine gas turbine engines. StandardAero, represented by the government contracting agency Canadian Commercial Corp., Navy has awarded StandardAero and two other companies positions on an $81.7

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Inter-American Development Bank

OCTOBER 31, 2024

In contrast, relational contracting emphasizes cooperation for mutual benefit. These contracts are particularly valuable in complex, long-term collaborations—such as strategic business partnerships or government contracts with service providers—where rigid terms may be impractical.

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Government Contracts Advisor

DECEMBER 17, 2013

Concession contracts with the Government are different than procurement contracts. Generally a concession contract does not involve the procurement of […]

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The Coalition for Government Procurement

APRIL 4, 2024

As a general rule, the Federal Government does not deal directly with subcontractors, and the CDA only grants the CBCA jurisdiction over “procurement contracts” (i.e., agreements between a prime contractor and the Federal Government). the software company’s) EULA is incorporated into the procurement contract.

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Government Contracts & Investigations

SEPTEMBER 13, 2023

This means that, like standard contracting vehicles, OTAs may be protested to the U.S. It is important to note, however, that an OTA is not the same as a procurement contract, cooperative agreement, or grant. Court of Federal Claims (“COFC”) or to the GAO. 31 U.S.C. §§ 3551(1), 3552; 4 C.F.R. B-417379, Apr. B-419503, Feb.

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Government Contracts

OCTOBER 13, 2023

Department of Veterans Affairs deal awarded to two other nonprofits, saying the deals were not procurement contracts but grant agreements, which fall outside the court's jurisdiction. Court of Federal Claims tossed a Florida-based nonprofit's protest of a U.S.

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Tracker Intelligence

SEPTEMBER 6, 2022

In short, public procurement allows local businesses to serve their communities and taxpayers well. Such a service requires the government to procure contracts in a well-managed and efficient manner. Furthermore, when the government improves its public procurement process, it can save significant amounts of money.

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Public Contracting Institute

OCTOBER 3, 2024

FAR Part 19, “Small Business Programs,” and 8.4, “Federal Supply Schedules” Encouraging the participation of small businesses in procurement contract requirements, as deemed applicable, is government policy. Achieving best value success also through the use of competitive pricing is also government policy and practice.

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Public Contracting Institute

OCTOBER 3, 2024

FAR Part 19, “Small Business Programs,” and 8.4, “Federal Supply Schedules” Encouraging the participation of small businesses in procurement contract requirements, as deemed applicable, is government policy. Achieving best value success also through the use of competitive pricing is also government policy and practice.

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Select GCR

JUNE 18, 2024

Non-compliance can also impose financial penalties and negatively affect a contractor’s standing in the competitive government contracting market, leading to proposal exclusions and damaging performance reviews, which can impede future opportunities in government contracts.

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Government Contracts & Investigations

DECEMBER 6, 2023

The GAO reviewed its protest jurisdiction and reiterated it generally does not have jurisdiction to review protests challenging the award or solicitations for Other Transaction Agreements because they are not procurement contracts.

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Inter-American Development Bank

MARCH 9, 2023

It is estimated that less than one percent of the $10 trillion spent annually on global public procurement is awarded to women-owned businesses. [1] 1] There are different restrictions that explain this low participation of women-led companies in the awarding of public procurement contracts.

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The Coalition for Government Procurement

AUGUST 22, 2024

4 The Court rejected the government’s contention that because OTs are not procurement contracts subject to the Federal Acquisition Regulation (“FAR”), they are necessarily removed from the Court’s bid protest jurisdiction. Examining the text and legislative history of the OT statutes at issue (i.e.,

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Tracker Intelligence

FEBRUARY 8, 2024

Check Trade Publications for Tender News Specialist development consultancy consortium and government contracting sector publications offer excellent visibility into upcoming private and public procurement tenders beyond advertised portals.

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Procurement Notes

FEBRUARY 10, 2025

Not addressed are more outlying possibilities for a remedysuch as a Fifth Amendment violation, ministerial function negligence under the Federal Tort Claims Act, suit against a Government official or agent as acting outside the scope of the Westfall Act (e.g., for tortious interference with a contract), etc. See, e.g., United States v.

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The Coalition for Government Procurement

APRIL 11, 2024

As a general rule, the Federal Government does not deal directly with subcontractors, and the CDA only grants the CBCA jurisdiction over “procurement contracts” (i.e., agreements between a prime contractor and the Federal Government). the software company’s) EULA is incorporated into the procurement contract.

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The Coalition for Government Procurement

AUGUST 8, 2024

4 The Court rejected the government’s contention that because OTs are not procurement contracts subject to the Federal Acquisition Regulation (“FAR”), they are necessarily removed from the Court’s bid protest jurisdiction. Examining the text and legislative history of the OT statutes at issue (i.e.,

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The Coalition for Government Procurement

JULY 25, 2024

Legal Corner: The Impact of Chevron Reversal on Government Contracting Authored by David Black and Eric Crusius; Holland and Knight The Legal Corner provides the procurement community with an opportunity to share insights and comments on relevant legal issues of the day. Numerous procurement policies have come subsequently.

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The Coalition for Government Procurement

AUGUST 15, 2024

4 The Court rejected the government’s contention that because OTs are not procurement contracts subject to the Federal Acquisition Regulation (“FAR”), they are necessarily removed from the Court’s bid protest jurisdiction. Examining the text and legislative history of the OT statutes at issue (i.e.,

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The Coalition for Government Procurement

AUGUST 1, 2024

4 The Court rejected the government’s contention that because OTs are not procurement contracts subject to the Federal Acquisition Regulation (“FAR”), they are necessarily removed from the Court’s bid protest jurisdiction. Examining the text and legislative history of the OT statutes at issue (i.e.,

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The Coalition for Government Procurement

JANUARY 4, 2024

View from Main Street: Size Protest Applicability Updates on Timely Topics Impacting the Government Contracting Industry from Vice President of Acquisition Policy, Ken Dodds The Federal Government encourages contracting with small businesses through its goaling and scorecard policies, the rule of two, etc. [1]

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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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USFCR

MARCH 3, 2025

Winning a government contract isnt just about submitting a strong bidits about understanding whos making the decisions. In the world of federal procurement, Contracting Officers (COs) hold the keys to government spending.

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Procurement Notes

JUNE 5, 2021

The Order potentially applies to all “workers working on or in connection with a Federal Government contract[.]” [10] This is the same language that DoL used in describing the scope of the 2014 Order, and made clear that an individual being an actual employee is immaterial to assessing the connection. [11] 214(a)-(b). [14] 41] See id.

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The Procurement School

DECEMBER 17, 2024

The contract drafter needs to be clear on what is being procured and hence the penalties and insurance requirements need to align with the deliverables. A good example is insurance requirements which can cause procurement contracts to fail. and Manage the Contract – Buyandsell.gc.ca

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Government Contracts Advisor

FEBRUARY 20, 2025

President Trump has authorized the Department of Government Efficiency (DOGE), led by Elon Musk, to review procurement contracts and federal […]

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