In a recent alert, we highlighted VS2 v. U.S., in which the Court of Federal Claims refused to expand the Federal Circuit’s Blue & Gold waiver doctrine and required the Army to consider performance risk in a cost realism evaluation. In a new “Feature Comment” published in The Government Contractor, we
Buy (Even More) American – FAR Council Proposes New Rules Implementing Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers”
On July 30, 2021, the FAR Council published a Proposed Rule to implement President Biden’s January 2021 Executive Order seeking to maximize the use of American-made products and materials in federal procurements. Coming just six months after a recent January 2021 Final Rule increasing both the domestic content percentage and the price evaluation preferences for
GSA Clarifies the Future of Transactional Data Reporting in the Federal Supply Schedule Program
On April 27, 2021, the General Services Administration (GSA) announced its intention to not only continue but expand the Federal Supply Schedule (FSS) Transactional Data Reporting (TDR) pilot program, based on a third consecutive year of positive results.
Since 2016, GSA’s pilot has studied the potential for TDR to replace the various onerous requirements FSS
American Rescue Plan Presents New Government Contracting Opportunities – What Prospective Contractors Should Know
On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan, which is expected to increase government contracting spend and opportunities for government contracting at the federal, state, and local levels through 2021 and beyond. To facilitate entry into what can otherwise be viewed as a daunting web of regulations and restrictions, Crowell
One-Two Punch: President Biden Issues Made in America Executive Order Mere Days After FAR Council Issues Final Rule Tightening Federal “Buy American” Requirements
Contractors barely had time to digest the prior administration’s changes designed to tighten the Buy American Act restrictions when, on January 25, 2021, President Biden issued Executive Order 14005 on “Ensuring Future of America is Made in America by all of America’s Workers” directing further tightening and perhaps even a new approach to determining what
GAO Sustains Protests Alleging Agency Failed to Consider Pandemic Impacts on its Requirements
In Chronos Solutions et al., GAO sustained a pre-award protest challenging the terms of a solicitation issued by the United States Department of Housing and Urban Development (HUD). The solicitation sought asset management services to support the disposition of properties conveyed to HUD following foreclosure of loans guaranteed by the Federal Housing Authority. The
GAO Issues Rare Sustain of a Corrective Action Protest
In Peraton Inc., GAO sustained a challenge to the scope of an agency’s corrective action. The State Department awarded a task order to ManTech. Peraton challenged that award on numerous grounds, including on the basis that the awardee’s letters of commitment for key personnel did not satisfy solicitation requirements. After an outcome prediction alternative
President Issues Executive Order Addressing Use of Foreign Labor in Federal Contracting and Hiring
On August 3, 2020, President Donald Trump issued an Executive Order framed as “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” The Order declares the “policy of the executive branch to create opportunities for United States workers to compete for jobs, including jobs created through Federal contracts,” and directs
GAO Clarifies Timeliness of Preaward Protests Challenging Solicitation Amendments
In Computer World Services Corporation, GAO sustained a protest challenging the Department of Homeland Security, U.S. Coast Guard’s corrective action taken in response to an earlier sustained protest by CWS. In its original protest, CWS successfully challenged a task order award; in response, the agency informed offerors via e-mail that it intended to remove
All Things Protest: Watch Out for Waiver
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, hosts Rob Sneckenberg and Christian Curran are joined by guest Liam O’Reilly to discuss the Federal Circuit’s recent Inserso decision