Government Contracts & Investigations


Posts from Eric Whytsell

Digging into the Details of the Latest Buy American Executive Order for Federal Construction Contractors

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E.O. 13858 Reiterates the Need for Strict Application of Buy American Rules on Infrastructure Projects On January 31, 2019 President Trump issued his “Executive Order on Strengthening Buy-American Preferences for Infrastructure Projects” (E.O. 13858). The Order is a re-assertion of and expansion upon his April 18, 2017 “Executive Order on Buy American and Hire American”Read More

Topics: Acquisition Reform and Emerging Issues, Buy American Act, Construction, Contract Administration, Statutes and Regulations

FAA Announces Audit of Its Award Practices for Major Acquisition Program Contracts

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In order to operate, maintain, and modernize the National Airspace System (NAS), the Federal Aviation Administration (FAA) relies on an expansive portfolio of capital assets. Acquisition plays a key role in supporting FAA’s mission to operate the NAS and modernize air traffic control through implementation of the Next Generation Air Transportation System (NextGen). The NextGenRead More

Topics: Acquisition Reform and Emerging Issues, Bid Protests and the Contracting Process, Claims and Disputes, Statutes and Regulations

The Army Corps of Engineers Seeks to Use More Public-Private Partnerships

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On February 1, 2019, the U.S. Army Corps of Engineers (USACE) rolled out a program seeking pitches from private industry for possible public-private partnership projects. The USACE, looking to add efficiency and value to infrastructure projects, announced in the Federal Register a 60-day period for the submission of information on conceptual Public-Private Partnership (P3) deliveryRead More

Topics: Acquisition Reform and Emerging Issues, Aviation

Being “Highly Desirable” Doesn’t Make a Specification Mandatory

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When pursuing a government contracting opportunity, it’s always important to read and understand the solicitation’s description of the contract requirements your proposal must address. In this context, as in most others, language matters. Indeed, as the recent Government Accountability Office (GAO) decision in The Lioce Group, B-416896 (January 7, 2019), reminds us, the language theRead More

Topics: Bid Protests and the Contracting Process

Contractors Need to Take OCIs Seriously because the Government Certainly Does

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For anyone who’s ever doubted or downplayed the importance of avoiding organizational conflicts of interest (OCIs), a recent settlement announced by the Department of Justice in Colorado should serve as a wake-up call. Last month, the U.S. Attorney for the District of Colorado announced that Progressive Technology Federal Systems, Inc. (PTFS) and its President andRead More

Topics: Acquisition Reform and Emerging Issues, Bid Protests and the Contracting Process