On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” We wrote about the district court’s injunction here and here.
Continue Reading Fourth Circuit Terminates Maryland District Court’s DEI InjunctionBid Protest Minute: Bidder’s Responsibility to Submit Well-Drafted Proposal
By Richard Arnholt on
Posted in Bid Protest Minute, Bid Protests
On February 26, GAO denied the protest of Mission Analytics, Inc., challenging the award of a small business set-aside contract to ThunderCat Technology, LLC, explaining that “it is a firm’s responsibility to submit a well-written quotation.” The protest underscores the fact that proposals lacking sufficient detail and the requested information may be deemed technically unacceptable and ineligible for award. It is crucial that companies carefully review proposals before submission to ensure they cover all the requirements of an RFQ.
Continue Reading Bid Protest Minute: Bidder’s Responsibility to Submit Well-Drafted ProposalDepartment of Defense Issues Affirmative Action Class Deviation
Following U.S. General Services Administration’s (GSA) lead, which we wrote about here, on March 4, the Department of Defense (DoD) issued a Class Deviation—Restoring Merit-Based Opportunity in Federal Contracts—directing DoD Contracting Officers (COs) to “remove, replace, and not enforce Federal Acquisition Regulation (FAR) solicitation provisions and contract clauses associated with Executive Order (EO) 11246, Equal Employment Opportunity.”
Continue Reading Department of Defense Issues Affirmative Action Class DeviationEthics Rules Applicable to Hiring Former Federal Government Employees
As the Trump administration continues to eliminate federal positions and reduce contract and grant outlays, many private companies will likely be eyeing current and former government employees for employment over the coming months. However, companies looking to hire former government employees must keep in mind the strict and nuanced rules that govern their hiring, and, in some cases, prohibit contractors from paying former government employees and limit their ability to appear before their former agencies.
Continue Reading Ethics Rules Applicable to Hiring Former Federal Government EmployeesExecutive Order on Federal Contracting Transparency: Potential Challenges and Implications
A new executive order is set to reshape federal contracting by implementing more stringent transparency measures, but it may also create significant challenges for both government agencies and contractors.
Continue Reading Executive Order on Federal Contracting Transparency: Potential Challenges and ImplicationsJudge Denies Government’s Motion to Stay Injunction of Anti-DEI Executive Orders
By Richard Arnholt on
On March 3 Judge Abelson of the U.S. District Court for the District or Maryland denied the government’s motion for a stay pending appeal of the preliminary injunction halting the termination of equity-related federal grants and contracts and stopping the imposition of new diversity, equity and inclusion (DEI)-related certification requirements in federal agreements, among other actions required by President Trump’s DEI-related Executive Orders 14151 and 14173.
Continue Reading Judge Denies Government’s Motion to Stay Injunction of Anti-DEI Executive OrdersAmerica First Investment Policy Sets Sights on China
On February 21, the Trump Administration released the America First Investment Policy (the memo or memorandum). The wide-ranging memo formally targets investment from the People’s Republic of China, including Hong Kong and Macau (collectively, the PRC), in sensitive U.S. sectors, modifies aspects of the Committee for Foreign Investment in the United States (CFIUS) process, and proposes new restrictions on outbound investment.
Continue Reading America First Investment Policy Sets Sights on ChinaExecutive Order Directs Systematic Review of “Covered Contracts and Grants” For Possible Termination
Over the first month of the new administration, President Trump has directed the review or termination of certain types of contracts and grants, including equity-related agreements, awards under the Inflation Reduction Act and the Investment and Jobs Act, and foreign aid agreements awarded by USAID. Those actions, while disruptive, have been limited to certain agreement types or agencies.
Continue Reading Executive Order Directs Systematic Review of “Covered Contracts and Grants” For Possible TerminationCOFC Decision Significantly Broadens OTA Bid Protest Jurisdiction
On February 24, Judge Armando Bonilla of the Court of Federal Claims (COFC) declined to dismiss a challenge to a $648 million award under a Missile Defense Agency (MDA) development deal, finding that the court had jurisdiction to review Other Transaction (OT) Authorities like the one at issue. For years, unsuccessful offerors have found it difficult to challenge OT award (OTA) decisions because both the GAO and COFC have found they have limited jurisdiction over these types of agreements.
Continue Reading COFC Decision Significantly Broadens OTA Bid Protest JurisdictionHaas Automation Agrees to Pay More Than $2.5 Million to Settle Sanctions and EAR Violations
By Faith Dibble & Thad McBride on
On January 17, the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) announced that Haas Automation Inc. (Haas) agreed to settle potential civil liability related to multiple violations of the Ukraine-/Russia-related Sanctions Regulations and the Export Administration Regulations (EAR).
Continue Reading Haas Automation Agrees to Pay More Than $2.5 Million to Settle Sanctions and EAR Violations