Government Contracts & Investigations

Berry Amendment’s Non-Availability Exception Trumps Agency Market Research

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Even on the best of days, determining the proper application of sourcing restrictions in the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) can be a chore. The process is further complicated when the procurement is conducted by the Department of Defense (DoD) and the Berry Amendment must be taken into account.Read More

Topics: Acquisition Reform and Emerging Issues

“Whoops, We Didn’t Mean for It to Say That”

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We often hear that contractors are not entitled to a “second bite from the apple.” As the recent General Accountability Office (“GAO”) decision in Navarre Corporation, B-414962.6; B-414962.7 (October 22, 2018), makes, clear, however, the same cannot be said about procuring agencies. In that bid protest, the GAO once again reinforced the flexibility of agenciesRead More

Topics: Bid Protests and the Contracting Process