News & Insights

Debriefings Extending Protest Deadlines

One issue that arises in post-award protests is whether debriefings extend the deadline to file a protest. Protestors have 10 days after a qualifying debriefing to file. An important reminder for potential protestors or for an intervenor moving GAO to dismiss the protest as untimely is that not all procurements require a debriefing. Only competitive [..]

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Federal Officer Removal Statute & Government Contractors

The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion clarifying its precedent on the Federal Officer Removal Statute. Latiolais v. Huntington Ingalls, Incorporated., No. 18-30652 (5th Cir. 2020). Removal is a procedural mechanism that allows a defendant to move a case from state court to federal court. Two bases exist for removal: [..]

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Jurisdiction: Court of Federal Claims

The Court of Federal Claims (COFC) has jurisdiction in government contracts disputes via two statues: The Contract Disputes Act (CDA) and the Tucker Act. The CDA grants subject matter jurisdiction to the COFC when disputes arise between a contractor and an agency over performance of a procurement contract. The Tucker Act allows contractors to bring [..]

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SBIR Program Basics

The Small Business Innovative Research (SBIR) program provides a pool of money for certain government agencies to utilize for purposes of investing in companies with innovative technology. Through this program, the government may award research and development funds to small businesses to prove their concept, to demonstrate the viability of the product, and then agency procurement [..]

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Automatic Stay of Award or Performance

The automatic stay of contract award or performance is only available in protests filed at GAO. The COFC may stay award or performance through granting injunctive relief, but it is a much more onerous requirement for protestors. Ensuring an automatic stay at GAO, though, requires that a protestor file its grievance in advance of the [..]

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Defense Production Act and Government Contractors

With the coronavirus’ increasing impact on society and business, contractors – particularly those that supply medical supplies and items such as gloves, masks, protective gowns and the like – should be prepared for potential prioritizing of government orders. If an agency presents an order under the authority of the Defense Production Act, the contractor must [..]

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Government Contracts Brief – Week of March 30, 2020

Government Delay in Filing of Protest Does Not Waive Timeliness Requirement A recent GAO decision reminds contractors that if your proposal is late then it is highly likely going to be rejected, even if part of the reason it is late lies with the government. If the offeror cannot show that the government’s actions allegedly [..]

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Government Contracts Report – Week of March 30, 2020

OFCCP’s New Contractor Compliance Website The Office of Federal Contract Compliance (OFCCP) has launched a contractor compliance website. According to OFCCP’s information release, the institute is an “on-demand learning management system designed to help federal contract holders meet their equal employment opportunity obligations.” The institute is specifically tailored for federal contractors and the courses are [..]

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Government Contracts Brief – Week of March 23, 2020

Subcontract Reporting Requirements If a contractor awards a subcontract over $30K it must report it to the government. FAR 52.204-10 provides the information that must reported, where to file, and the deadlines for filing. Reporting is only applicable to awards to first-tier subcontractors. Primes or subs that had gross income in the prior tax year [..]

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