Government Contracts & Investigations


Posts from Eric Whytsell

Biden’s Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries

Published on June 9, 2021, President Biden’s Executive Order on Protecting America’s Sensitive Data from Foreign Adversaries is the latest Executive Order seeking to strengthen national security by improving public and private sector capabilities and practices relating to cybersecurity and supply chain risks. As explained in a previous article, the first such Executive Order addressedRead More

Topics: Cyber, Data Security, and Privacy

Continuing Developments on the Supply Chain Front

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Recent weeks have brought news on multiple fronts regarding supply chain risks and actions in response thereto: Commerce ICTS Regulations to Go Into Effect; Chinese ICTS Companies, Products and Services in the Headlights The Trump Administration rolled out regulations to implement prohibitions on the use or delivery of covered Chinese telecommunications and video surveillance productsRead More

Topics: Supply Chain Risk Management

Protests Alleging an Unmitigated OCI Must Present “Hard Facts” Even When the Awardee Is the Incumbent

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When an agency makes an award to the incumbent, the disappointed offerors often believe that the incumbent’s performance of the previous contract must have given it an impermissible leg up on the competition in the form of an organizational conflict of interest (“OCI”). However, as the recent Government Accountability Office (“GAO”) decision in Lukos-VATC JVRead More

Topics: Bid Protests and the Contracting Process, Government Contracts

GSA Removes All But DoD-Approved Drones from MAS Contracts

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In a move that has been expected for some time, the General Services Administration (GSA) announced on January 12, 2021 that it will remove all drones (as defined by 49 U.S.C. Ch. 448) from Multiple Award Schedule (MAS) contracts, except those drones approved by the Department of Defense (DoD) Defense Innovation Unit (DIU) through itsRead More

Topics: Aviation, Sourcing Restrictions, Trade Agreements Act

Challenging an Agency’s Determination of Urgent and Compelling Need Can be an Uphill Battle

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Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available based on the urgency of requirements or other grounds. Unfortunately, as the recent Government Accountability Office (GAO) decision in Summit Technologies, Inc., B-419126;Read More

Topics: Bid Protests and the Contracting Process