Government Contracts

On Thursday, August 17, 2017, I will be in Tampa, Florida taking part in the Prime Focus Executive Event.  I will present a session on the All Small Mentor-Protégé Program, highlighting the opportunities of this expanded program for both large and small businesses. During my session, I will explain how SBA-approved mentor/protégé relationships allow small…

I commented on an article published in RealClearDefense, on the impact of the April executive order highlighting the Trump administration’s intention to renew the focus on sourcing domestic resources and employees for government contracts. The order requires increased enforcement of current “Buy American” laws, which date back to the Depression-era statutes Congress passed in 1933. The Office of Management and Budget (OMB) and the Commerce Department released follow-up guidance in late June requiring all federal agencies to prepare a compliance plan by September 15, 2017.
Continue Reading “Buy American” Rules Have Major Implications for Defense

A recent report from the Department of Defense (DoD) Inspector General (IG) identified a number of significant flaws regarding the Defense Logistics Agency’s (DLA) compliance with the Buy American Act (BAA) and the Berry Amendment.  The IG’s findings will likely result in a renewed focus on both BAA and Berry Amendment compliance.  As a result, contractors are likely to experience increased frustration as they seek to remain aligned with DLA policies.  The IG’s report also draws further attention to the previously discussed government-wide effort by President Trump to both enhance compliance with the BAA as presently drafted and potentially strengthen the BAA through legislative action in the future.
Continue Reading DoD IG Report Highlights Flaws in DLA Compliance with Buy American Act and Berry Amendment

The GAO recently denied Leidos Innovations Corporation’s protest of a determination that Leidos was ineligible to receive a $272 million award by the U.S. Army despite Leidos having both the highest-rated technical proposal and the lowest evaluated cost.  The GAO decision, which affirmed the agency’s determination that Leidos was non-responsible because one of Leidos’ subcontractors did not have the necessary base access, is an important reminder that prime contractors should thoroughly vet their subcontractors to ensure, to the extent possible, all necessary qualifications are satisfied for the associated contract.
Continue Reading Proposals are Only as Strong as their Weakest Link: GAO Affirms Non-responsibility Determination Based on Subcontractor’s Lack of Base Access

On Wednesday, May 10, 2017, I will be in Oak Ridge, Tennessee taking part in a Mentor Protégé & Joint Venture Speaker Panel Seminar. This interactive seminar will offer insights for small businesses and large prime contractors on assembling, marketing, and administrating joint ventures and teaming arrangements. It will address the unique challenges presented by…

Last month, the Government Accountability Office (GAO) released results from its investigation into the effectiveness of the Department of Defense (DoD) Pilot Mentor-Protégé Program. In accordance with the National Defense Authorization Act (NDAA) for 2016, GAO reviewed DoD’s procedures for approving mentor-protégé agreements, its performance measures for the program, and the differences between its program and the new All Small Mentor Protégé Program established by the Small Business Administration (SBA).
Continue Reading GAO Review Calls for Greater Oversight of DoD’s “Pilot” Mentor-Protégé Program

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer laws governing entry into the United States of workers from abroad.  The Order is keeping with President Trump’s campaign promises regarding hiring American workers and promoting U.S. manufacturing, and signals a renewed focus on domestic sourcing requirements as well as the likelihood of greater restrictions on work visas for non-U.S. citizens.
Continue Reading Buy American Executive Order Means Renewed Obligations for Government Contractors

In an article published by Law360, I provided expanded insight on a U.S. Government Accountability Office (GAO) jurisdiction gap that occurred between October 1 and December 14, 2016, due to a legislative oversight. During this lapse, there was no venue with jurisdiction to hear protests of civilian agency task order awards. Congress has now given…

As we previously reported, Congress has taken its final steps in repealing Obama’s Fair Pay & Safe Workplaces rule, one of the most controversial rules enacted by the Federal Acquisition Regulatory (FAR) Council under President Obama. On February 6, the Senate gave the final vote of approval of the House Resolution overturning the rule, and on March 27, President Trump, unsurprisingly, signed the Resolution into law. At the same time, he also signed legislation overturning three other rules, including the U.S. Bureau of Land Management’s land use planning rule and two rules issued by the U.S. Department of Education.  Though much of the Fair Pay rule had never been implemented due to a court injunction, this legislation formally revokes the rule and ensures that the FAR Council cannot enact a similar rule without Congressional approval.
Continue Reading Ding Dong the Regulation’s Dead! – Trump Finalizes Statutory Repeal of the Fair Pay and Safe Workplaces Rule

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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