Searching Content indexed under Government, Public Sector by James Tucker ordered by Published Date Descending.
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"Mistake" In Government Contracts
Everyone knows that "ignorance of the law is no excuse." But what about ignorance of the facts? In Woodies Holdings, L.L.C. v. United States,
United States
2 Aug 2019
President Issues New Domestic Preference Executive Order
The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA).
United States
1 Aug 2019
May 2019 Bid Protest Roundup
Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies...
United States
15 Jul 2019
Supreme Court Removes "Substantial Competitive Harm" Requirement For Contractors Seeking To Protect Confidential Information From Release Under FOIA
You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company's confidential information to the public.
United States
8 Jul 2019
Class Waivers Of The Non-Manufacturer Rule: New OHA Decision Creates Uncertainty
Those familiar with Federal procurements know the general rule: If you submit a proposal against a solicitation despite disagreeing with one of its provisions,
United States
8 Apr 2019
Undefinitized Contract Action Proposed Rule
In the National Defense Authorization Acts for 2017 and 2018, Congress required the Department of Defense (DOD) to implement certain reforms for issuing and definitizing Undefinitized Contract Actions (UCAs).
United States
11 Mar 2019
February 2019 Bid Protest Roundup
This month's selection of bid protests includes discussion of: (1) a successful challenge to a subcontracting restriction in the General Services Administration's OASIS solicitation;
United States
8 Mar 2019
Know When To Fold 'Em: When An Appeal Decision Is Worse Than The Final Decision Under Appeal
Kenny Rogers once offered some sage advice that's as applicable to Government contractors as it is to gamblers and human beings in general.
United States
20 Feb 2019
DOD's Long-Awaited LPTA Regulations Expected In Fourth Quarter Of FY 2019
In an LPTA procurement, the Government evaluates proposals for mere technical acceptability under the solicitation's stated evaluation criteria.
United States
28 Dec 2018
New Decisions Clarify Small Business Minority Shareholder Protections
One of the easiest small business affiliation rules to apply is that a person that owns "50 percent or more of a concern's voting stock . . . controls or has the power to control the concern."
United States
29 Nov 2018
On Human Bondage And Christian Doctrine
To be clear, the bondage here is the bond requirement under Federal construction contracts, and the doctrine does not appear in the catechism but in the Court of Claims' old decision...
United States
12 Nov 2018
A Deal You Can't Refuse: North American Landscaping And Voiding A Signed Release Because Of Duress
As a general rule, when a contractor signs a full settlement and release with respect to a dispute with the Government, the dispute is considered settled, and the Government is released...
United States
19 Oct 2018
Federal Circuit Overrules Court Of Federal Claims: Agencies Need Not Narrowly Tailor Corrective Action
In an important new decision, the Court of Appeals for the Federal Circuit rejected a line of Court of Federal Claims case law that required agencies to "narrowly tailor" corrective action to fit...
United States
12 Oct 2018
If You're Not Early, You're Late: Meeting Deadlines In Federal Procurements
Businesses hoping to win a government contract must be familiar and comply with a host of complex timeliness rules, from the deadlines for submitting proposals and revisions,
United States
4 Oct 2018
August 2018 Bid Protest Roundup
This month, we bring you three bid protests from three fora.
United States
12 Sep 2018
"Workin' Nine To Five" – But Not In A Government Office: Requesting A Debriefing
In Exceptional Software Strategies, Inc., B-416232, the Government Accountability Office (GAO) recently addressed the obscure rules for when a disappointed offeror must request a debriefing.
United States
16 Aug 2018
Corporate Transactions As A Basis For Protest (Post-Award Protest Primer #18)
Most corporate transactions go forward without protests. Several prominent protest decisions over the last few years ...
United States
27 Jul 2018
Unreasonableness And Lack Of Documentation (Post-Award Protest Primer #17)
Today's installment of the post-award protest primer combines two frequent, related protest grounds: (1) unreasonable evaluations and source selection decisions and (2) insufficient documentation
United States
7 Jun 2018
A New Bid Protest Timeliness Trap: Pre-Award Laches
On this blog, we frequently discuss the various timeliness traps that can undermine bid protests at the Government Accountability Office (GAO).
United States
24 May 2018
Bad Faith And Biased Procurement Officials (Post-Award Protest Primer #16)
We previously have referred in passing to Government bad faith as a protest ground that almost never is worth raising.
United States
17 May 2018
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