Generally, government procurements for construction and architect-engineering do not follow the typical Federal Acquisition Regulations (FAR) rules applied to the purchase of other goods and services. Instead, these services are procured under the authority of the Brooks Act, according to special procedures designed to identify the most qualified firms; specifically, the Two-Phase Design-Build Selection Procedures
protest
All Things Protest: The More You Know – Debriefing-Adjacent Developments
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, Olivia Lynch, and Christian Curran highlight two developments that should provide contractors additional insight into agency procurement …
Section 809 Panel Proposes Significant Curtailing of Pre-Award and GAO/COFC Protest Process for Commercial-Item Acquisitions
Much that has been written about the bid protest reforms in the Section 809 Panel’s final report has focused on Recommendations 66-69, which expressly address (and propose changes to) the protest process at the U.S. Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). But the 809 Panel’s most impactful recommended changes to…
GAO Concerned Over DOD’s Ability To Demonstrate Business Judgment In Performing Best Value Tradeoffs
A recent GAO report highlights the fact that when a solicitation and procurement strategy prioritize (1) capabilities and the quality or level of service to be procured over (2) the dollars to be paid, government contracting, project, and source selection personnel are forced to earn their paychecks. In these situations, two or more proposals, with…