Government Contracts & Investigations


Posts from Eric Whytsell

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

If Your Proposal Makes the Agency Work Too Hard, You Have Only Yourself to Blame If You Don’t Win

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If the first rule of proposal writing is “give the agency the information it asks for,” the most important corollary is “make the proposal easy to understand.” In other words, clarity and consistency is key; avoid anything in your proposal that might raise questions, confuse the evaluators, or otherwise detract from your message that youRead More

Topics: Bid Protests and the Contracting Process, Government Contracts

Another (Minor) Step in the Evolution of Section 889(a)(1)(B) Obligations

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In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. We previously reported on the Federal Acquisition Regulation (FAR) Interim Final Rule on Section 889(a)(1)(B)’s aspects of the ban, which applies to government contractors whetherRead More

Topics: Cyber, Data Security, and Privacy, Statutes and Regulations

DNI Apparently Has Granted DoD A Limited Temporary Waiver of Section 889 Implementation

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Government contractors have been closely watching developments in the implementation of Section 889 of the National Defense Authorization Act for FY 2019, which bans government contractors’ use and provision of telecommunications and video surveillance products and services from Huawei, ZTE, and other identified Chinese companies. The Administration has previously determined that the equipment and servicesRead More

Topics: Cyber, Data Security, and Privacy, Statutes and Regulations