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Recently, the Department of Defense (“DoD”) issued a memorandum to launch a pilot program that will enable certain contractors owned under an employee stock ownership plan (“ESOP”) to receive sole source follow-on awards. ESOP-owned defense contractors should review DoD’s memorandum and move quickly to determine how this unique pilot program may be of benefit.
Section 874 of the National Defense Authorization Act for FY 2022 (“FY22 NDAA”) created a pilot program for noncompetitive awards for certain follow-on contracts to an ESOP-owned business that meets the ...
As many contractors have known for quite some time, the U.S. Small Business Administration (“SBA”) regulations provide detailed requirements for joint venture agreements, and failure to meet any of the regulatory requirements can disqualify a joint venture entirely. As for the practical ramifications for this failure, if a joint venture with a deficient joint venture agreement wins an award, but a protestor challenges its size or status, the joint venture can be stripped of its award. Given the burden that SBA’s regulations impose on joint venturers, it is imperative that ...
On November 14, 2022, the Federal Acquisition Regulatory Council (“FAR Council”) issued a proposed rule that will have a sweeping impact on nearly all federal contractors. To implement the policies in Executive Order 14030 (Climate-Related Financial Risk) and Executive Order 14057 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability), the FAR Council has proposed to amend the Federal Acquisition Regulation (“FAR”) to include new requirements under FAR Part 23 that will expand the climate-based representations under FAR 52.223-22 and FAR ...
The landmark Bipartisan Infrastructure Law (“BIL”) is a once-in-a-generation initiative to address aging U.S. infrastructure needs and equalize greater access to public resources. While the Administration continues to move with impressive speed in creating the administrative channels and oversight offices necessary to implement the billions of dollars that have been appropriated for this impressive undertaking, recipient agencies have had more difficulty in evaluating and implementing the requirements of the BIL, including the domestic sourcing preferences ...
Yesterday, the U.S. Government Accountability Office (“GAO”) published its Bid Protest Annual Report to Congress for Fiscal Year 2022. GAO’s annual report is required under the Competition in Contracting Act of 1984 (“CICA”) and provides the government contracting community with good insight into GAO’s bid protest function. [1]
Despite being just four pages (excluding GAO’s letter regarding one instance in which an agency did not follow GAO’s recommendation), [2] GAO’s report is highly informative because it showcases key bid protest statistics and ...