May 13, 2019, Inside Government Contracts

In the latest step towards delivering on the long-promised “Procurement Through Commercial e-Commerce Portals” program, the General Services Administration has announced plans to build a proof-of-concept for federal online shopping, aiming to issue an RFP by the end of the year for web-based acquisition platforms. According to GSA’s notice, the platforms will be ...

April 30, 2019, Inside Government Contracts

As the old adage goes, you can’t unring a bell.  But GAO recently concluded that it was rational of an agency to do just that when taking corrective action in a bid protest. In Quotient, Inc., B-416473.4, Mar. 12, 2019, 2019 CPD ¶ 106, the Department of Education (“ED”) established a competitive range and then...… Continue Reading The post Turns Out You Really ...

January 23, 2019, Inside Government Contracts

The U.S. Government shutdown is now the longest in U.S. history and is starting to have serious implications for Government contractors.  One of many key concerns arises when contractors approach their contract funding ceiling — can they continue to work, and what happens if there is a cost overrun?[1] The answers are often complicated for both...… Continue ...

November 5, 2018, Inside Government Contracts

The Department of Defense (“DoD”) has proposed a new rule limiting the use of “brand name or equal” contract competitions, calling on contracting officers to publicly justify their need for a brand name-type product before issuing a solicitation.  The rule would implement Section 888(a) of the National Defense Authorization Act of 2017, which directed the...… ...

November 2, 2018, Inside Government Contracts

In three related bid protest decisions made public last week, the Government Accountability Office (“GAO”) reaffirmed the principle that agencies must meaningfully consider price when making best value tradeoff decisions.  GAO sustained the protests, stressing that merely paying lip service to price while selecting a more expensive, higher-rated offeror is not ...

October 8, 2018, Inside Government Contracts

With the General Services Administration’s (“GSA”) recent issuance of a prospectus in connection with its announced plan to acquire new office space for the Securities and Exchange Commission (“SEC”) in lower Manhattan, now is a good time for a quick refresher about the congressional lease approval process under 40 U.S.C. § 3307, which potentially gives rise...… ...

August 10, 2018, Inside Government Contracts

Last year, we wrote about a trial court’s decision to dismiss a False Claims Act (“FCA”) complaint regarding alleged Trade Agreements Act (“TAA”) non-compliances because the relator failed to plead fraud with “particularity” under Rule 9(b).  That decision offered a sweeping rebuke of speculative FCA claims, and emphasized why it can be difficult to present...… ...

July 2, 2018, Inside Government Contracts

Due to the government’s increased focus on domestic preference requirements – for example, through President Trump’s formal policy and action plan for agencies to “scrupulously monitor, enforce, and comply” with the so-called “Buy American Laws,” and Congress’s proposed legislation to make certain Buy American requirements more robust – contractors should not be ...

June 20, 2018, The Government Contractor

May 30, 2018, National Defense Magazine

May 10, 2018, Inside Government Contracts

Non-incumbent awardees who are defending their awards against a bid protest often view sole-source “bridge” contracts issued to the incumbent as something akin to death and taxes — an unpleasant, yet seemingly inescapable fact of life.  But a recent Court of Federal Claims decision offers an important reminder that these types of contracts are not...… Continue ...

May 7, 2018, Inside Government Contracts

For contractors who are concerned that filing a bid protest in the Government Accountability Office or Court of Federal Claims may alienate their customer, agency-level protests are a welcome, less-confrontational alternative that allows them to raise their concerns in a discreet, non-public fashion.  But as shown by GAO’s recent decision in GovSmart, Inc. – ...

May 4, 2018, The Coalition for Government Procurement, Friday Flash

January 4, 2018, National Defense

October 2017, Pratt's Government Contracting Law Report

July 2017, Pratt's Government Contracting Law Report