Government Contracts & Investigations

Category: Statutes and Regulations

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

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When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As time passes and procuring agencies adopt new evaluation schemes, however, the parameters of the prohibition are being tested. The recent Government AccountabilityRead More

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

Short Take: Proposed Rule Raises Certified Cost or Pricing Threshold to Implement Section 811 of FY18 NDAA

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On October 2, 2019, DoD, GSA and NASA issued a proposed rule amending the FAR to implement Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. The amendment increases the threshold for requesting certified cost or pricing data from $750,000 to $2 million for contracts entered into after June 30,Read More

Topics: Contract Administration, Statutes and Regulations

Managing Your Supply Chain Just Got Trickier: Interim FAR Rule Prohibiting Contracting for Telecommunications and Video Surveillance Goes Into Effect

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Continuing threats to the supply chain pose increasing risks to our national security. The new interim Federal Acquisition Regulation (FAR) rule published on August 13, 2019, seeks to address certain of these threats by imposing new representation and reporting requirements on contractors and their subcontractors (herein “contractors”) in the new FAR 52.204-24 Representation Regarding CertainRead More

Topics: International, Battlefield and Contingency Contracting, Sourcing Restrictions, Statutes and Regulations

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