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Government Contracts
Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
By Todd Overman on
On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Security Act) and the solicitation’s System for Award Management (SAM) registration requirements. GAO disagreed with the Department of State’s (or Agency) arguments, holding that Pernix Federal LLC’s (Pernix) submissions complied with all requirements of the prequalification process and the solicitation.Continue Reading Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
OFCCP Requires Affirmative Action Program Certification by July 1
By Richard Arnholt on
On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and subcontractors have until July 1 to sign in and certify they have developed, and continue to maintain, AAPs. Continue Reading OFCCP Requires Affirmative Action Program Certification by July 1
Bid Protest Minute: Avoiding the Timeliness Trap
By Richard Arnholt on
On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely. Continue Reading Bid Protest Minute: Avoiding the Timeliness Trap
Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
By Todd Overman on
On March 12, the Department of Defense (DOD) promulgated a final rule that expands the eligibility criteria for the Defense Industrial Base (DIB) Cybersecurity Program, a voluntary initiative aimed at bolstering the DIB’s ability to safeguard critical information. Continue Reading Final Rule Expands Defense Industrial Base Cybersecurity Program Eligibility Criteria
Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers Jurisdiction
By Todd Overman on
Posted in Government Contracts
On March 6, the Federal Circuit held that a software company sufficiently established jurisdiction under the Contract Dispute Act (CDA) where its end-user license agreement (EULA) was incorporated into another contractor’s Federal Supply Schedule (FSS) agreement with the Food and Drug Administration (FDA). Continue Reading Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers Jurisdiction
Cyber Defense Magazine Article on CMMC Proposed Rule
By Richard Arnholt & Adam Briscoe on
Posted in Cybersecurity, Government Contracts
We published an article titled “Department of Defense Publishes Long-Awaited CMMC Proposed Rule,” in the March 2024 edition of Cyber Defense Magazine.Continue Reading Cyber Defense Magazine Article on CMMC Proposed Rule
Bid Protest Minute: GAO’s Task Order Jurisdiction
By Richard Arnholt on
On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider it. Continue Reading Bid Protest Minute: GAO’s Task Order Jurisdiction
Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
On January 29, the Biden administration announced several policy initiatives aimed at addressing pay transparency and equity, including a proposed rule issued by the Department of Defense (DOD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and Office of Federal Procurement Policy (OFPP). Continue Reading Proposed Rule Seeks to Bring Gender Pay Equity to Federal Contracting Community
Department of Defense Publishes Long-Awaited CMMC Proposed Rule
By Richard Arnholt, Adam Briscoe & Todd Overman on
On December 26, the Department of Defense (DoD) published its long-awaited Cybersecurity Maturity Model Certification (CMMC) Program proposed rule, which places comprehensive cybersecurity and information security requirements on DoD contractors and subcontractors.Continue Reading Department of Defense Publishes Long-Awaited CMMC Proposed Rule