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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

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In the latest phase of a case proving that there is no amount of anticompetitive activity too small to escape prosecution, the Antitrust Division of the Department of Justice is continuing its efforts to thwart anticompetitive activity in public procurements, striking a plea deal with a Missouri individual in connection with rigging bids at online

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As part of its annual Spring Update, the Antitrust Division of the Department of Justice touted the expansion and early success of its Procurement Collusion Strike Force (PCSF), both in coordinating efforts among local, state, and federal enforcers and in leveraging the resources and skills of those stakeholders to identify potential antitrust violations in government procurements. The DOJ stood up the PCSF in late 2019 with a team of United States Attorneys’ offices from 13 districts and investigative and law enforcement agents from five partner agencies, including the FBI, the Department of Defense, the GSA, and the U.S. Postal Service; it now boasts 22 U.S. Attorneys’ offices, as well as new “like-minded” partners from the Air Force Office of Special Investigations and the Department of Homeland Security OIG.
Continue Reading Antitrust Division Praises Early Success and Heralds New Endeavors for Procurement Collusion Strike Force

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Offerors must be alert to the possibility of technology difficulties when electronically submitting a proposal for a federal procurement as the general rule regarding proposal submissions is that “late is late.”  GAO has heard countless cases in which proposal submission via email has presented complications.  Proposal submission via government portals has presented similar problems for offerors.

Recently, in People, Technology and Processes, LLC, B-419385, B-419385.2, Feb. 2, 2021, GAO heard a challenge to GSA’s rejection of a proposal from consideration for an order under OASIS.  The offeror, People, Technology and Processes or PTP, experienced technical difficulties while trying to submit the proposal via the GSA ASSIST online portal.  Although PTP was unable to submit its proposal, no systemic issues were reported with the portal and GSA timely received six proposals from other offerors.
Continue Reading Lessons Learned at GAO from Technical Difficulties Experienced While Submitting a Proposal on GSA’s ASSIST Portal

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The Department of Defense (DoD) recently implemented additional procedures for the mitigation of cybersecurity risks in its supply chain. Designed to identify and mitigate cybersecurity and related supply chain risks throughout a program’s lifecycle, DoD Instruction 5000.90, Cybersecurity Acquisition Decision Authorities and Program Managers, requires program managers to:

  • Assess contractors’ cybersecurity posture, including, where

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On April 3, 2020, the General Services Administration (GSA) issued a class determination of non-availability under both the Buy American Act (BAA) and Trade Agreements Act (TAA) clauses, effective through July 1, 2020 and applicable to GSA Schedule orders, to address the immediate and urgent needs of GSA and other agencies to preserve lives in

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The General Services Administration (GSA) recently launched a website dedicated to Coronavirus Acquisition-Related Information and Resources. It’s our understanding that the website will be updated regularly and will create a helpful catalogue of public facing guidance, policies, frequently asked questions, and other information generated by federal government agencies on COVID-19-related procurement matters. In addition, the

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This week’s episode covers GSA schedule, cybersecurity, and FCA news, and is hosted by partners Peter Eyre and David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

Listen

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This week’s episode covers SEC, ASBCA, GSA, and CFIUS news, and is hosted by partners David Robbins and Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

Listen

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On Monday, August 13, 2018, President Trump signed into law the H.R. 5515, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), the earliest an NDAA has been signed in over a decade.  The FY 2019 NDAA includes several provisions relevant to contractors, including replacing the definition of “commercial item” with “commercial product” and “commercial services,” discouraging the use of lowest price technically acceptable contracting, and a clause designed to accelerate payments to small businesses.
Continue Reading FY 2019 NDAA