Government Contracts & Investigations

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

Wyoming Supreme Court Rules that Airport Operator Is Subject to Open Records Law

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Seeking to avoid an “absurd result,” the highest state court in Wyoming has ruled that the Jackson Hole Airport cannot refuse to produce airport-related documents by claiming that the airport is not subject to the state’s open records law: the Wyoming Public Records Act (WPRA). This decision is important for airports, governments that own airports,Read More

Topics: Aviation, State and Local Procurement, Statutes and Regulations

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

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