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Government Contracts Insights Blog

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August 2023 Bid Protest Roundup: Former Government Employees; Buy American Act Waivers

USA - September 19 2023 This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with…

Contracting In The Fog of War: Recovering Costs Related to COVID-19

USA - September 12 2023 Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic…

Subcontracting to a Mentor-Protégé Joint Venture: Changes to How Small Business Subcontracting Goals Are Calculated

USA - September 6 2023 Recent changes to the U.S. Small Business Administration (SBA) regulations affect how large businesses can take small business credit for…

Missing SCA clause did not excuse noncompliance or allow for full equitable adjustment

USA - August 28 2023 In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the…

GSA Issues Multiple Award Schedule Solicitation Refresh 16: What It Means for Joint Ventures, Good and Bad

USA - August 22 2023 On May 19, 2023, the General Services Administration (GSA) issued Multiple Award Schedule (MAS) solicitation refresh 16, which introduced a formal…

Proposed Sustainable Procurement Rule Would Streamline Existing Environmental Regulations and Clarify FAR Part 23

USA - August 10 2023 The Federal Acquisition Regulation (FAR) Council published on August 3, 2023, a proposed “Sustainable Procurement” rule that reorganizes FAR Part 23…

July 2023 Bid Protest Roundup: Personnel Loss, Conflicts, Timeliness

USA - August 8 2023 This month’s bid protest roundup highlights two decisions from the U.S. Court of Federal Claims (“Court”), one addressing an offeror’s loss of key…

Biden Executive Order Has Potential to Discourage U.S. Company Participation in Federal Research

USA - August 4 2023 A new Biden administration Executive Order proposes to enforce more rigorously U.S. manufacturing requirements attendant to Federally funded…

SBA Finalizes Rule to Modernize the SBIC Program

USA - August 1 2023 The U.S. Small Business Administration (SBA) finalized a rule to modernize the Small Business Investment Company (SBIC) Program on July 17, 2023…

DoD Issues Updated Other Transactions (OT) Guide

USA - July 24 2023 The Department of Defense updated its guidance on “other transaction” agreements, or “OTs,”[1] an increasingly popular contracting authority not…