Could a new generation of aircraft carriers change how future conflicts are fought from the sky? The U.S. Defense Advanced Research Projects Agency (DARPA) aims to find out. This month, DARPA, the agency charged with developing new military technologies for the Department of Defense, Read More…
Today, the U.S. Government Accountability Office (GAO) issued its annual report bid protest report to congress. The report shows a sharp decline in the rate of protests sustained by GAO. For several years the “sustain rate” at GAO had consistently hovered between 16% and 19%. Read More…
As Congress reconvenes it will consider a new bill that would direct federal agencies to give preferential points in the bidding process to federal government contractors based on their labor practices. The bill, proposed by Rep. Eleanor Holmes Norton (D-D.C.), would give points to companies that pay their employees a living wage with benefits and those that permit workers to unionize without passing on additional costs to the federal government. Read More…
In the world of GAO post-award bid protests, there are certain arguments that are particularly prevalent amongst sustained protests (such as the failure to follow the solicitation evaluation criteria, inadequate documentation of the source selection decision, unequal treatment of offerors, and unreasonable price or cost evaluation), Read More…
It is not uncommon for a FAR Part 15 negotiated procurement to include a round of “Oral Presentations” in the proposal/evaluation process. Oral Presentations are permitted by FAR 15.102, and are usually used to augment the agency’s understanding of the written proposal. Read More…
This month, the United States Department of Labor (“DOL”) issued a Final Rule establishing a minimum wage of $10.10 per hour for certain federal contractors beginning January 1, 2015. The rule implements Executive Order 13658 signed by President Obama earlier this year. Read More…
Over the past two months the U.S. Small Business Administration (“SBA”) has published two proposed rules to revise small business size standards in the North American Industry Classification System (“NAICS”). If the proposed rules are adopted, nearly 1,650 additional firms will become eligible for small business contracting programs and SBA small business loans. Read More…
In a rare move, the U.S. Court of Federal Claims (COFC) imposed sanctions on the United States Environmental Protection Agency (EPA) for its conduct during the bid protest of Coastal Environmental Group, Inc. v. United States. While the EPA ultimately prevailed on the merits of the protest, Read More…
When subcontractor claims arise on a federal contract, it is not uncommon for the prime to then assert those claims as pass-through claims against the government. In such circumstances, it is important for subcontractors to remember that while they have rights to proceed against the prime contractor for those claims, Read More…
While suspension and debarment has long been a Federal Government action, state and local governments are starting to adopt the practice as well. For example, in Cuyahoga County, Ohio, the county contracting code was amended in 2012 to require a 5 year debarment of contractors convicted of bribery and other crimes. Read More…