Government Contracts & Investigations

Final FAR Rule Mandating GIDEP Reporting of Actual or Suspected Counterfeit Parts Issued: More Questions Than Answers

By

Supply chain risks are on the rise. Protecting the supply chain is a critical aspect of our national security, health and public safety. Whether parts are electronic or not, if they aren’t what they are represented to be, don’t do what they are supposed to do, or do things that they’re not supposed to do,Read More

Topics: Contract Administration, Statutes and Regulations

Regulation Recap: SBA Publishes Proposed Rule Consolidating Mentor Protégé Programs

By

Lovers of consistency, rejoice! After a few years of administering two separate, yet substantially similar mentor-protégé programs, the Small Business Administration (SBA) has proposed a rulemaking to consolidate the 8(a) Business Development (BD) Mentor-Protégé Program and the All Small Mentor-Protégé Program. On November 8, 2019, SBA published the Consolidation of Mentor Protégé Programs and OtherRead More

Topics: Small Business / Socioeconomic Issues, Statutes and Regulations

DoD Issues Revised Draft Cyber Security Model Certification to Address Levels 1 Through 3

By

Previously we reported on the Department of Defense (‘DoD”) efforts to develop a Cybersecurity Maturity Model Certification (“CMMC”) program to verify the status of contractor cybersecurity and compliance. The CMMC program contemplates that third party auditors will be qualified and retained to review and certify contractors and suppliers at all tiers on their levels ofRead More

Topics: Cyber, Data Security, and Privacy

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

By

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

Your Proposal Says What It Says: The GAO Does Not Engage in Revisionist History

By

Disappointed offerors sometimes attempt to challenge contract awards by arguing that the agency did not properly take into account a particular aspect of their proposals. As the recent Government Accountability Office (GAO) decision in Red River Science & Technology, LLC, B-417798.2 (October 24, 2019) makes clear, however, protesters need to make sure that their proposalRead More

Topics: Bid Protests and the Contracting Process, Subcontracting and Strategic Alliances