OTAs Are Totally, Completely, Amazingly, Revolutionizing Government Procurement. (Not)

Oct 25, 2018

By William Weisberg, Every year, the swallows return to Capistrano, the leaves change (at least here in Northern Virginia), and something comes along to revolutionize federal procurement.  LPTA procurements.  Data rights clauses.  FAR part 13. Fixed-price development contracts (if you are old enough to remember those pre-FAR days).  And now…” Other Transaction Authority” (“OTA”).  Avoid all… Read more »

A Potential End to the Hate-Hate Relationship with LPTA

Oct 11, 2018

By Stephanie Fine, Esq. Good news for Federal contractors.  The recently enacted National Defense Authorization Act (NDAA) will expand limitations on the use of the much-criticized Lowest Price Technically Acceptable (LPTA) source selection that was previously imposed on the Department of Defense to now include civilian agencies. The LPTA procurement process requires source selection officials… Read more »

Is the Federal Marketplace Ready for Amazon?

Oct 4, 2018

By Barbara S. Kinosky, Esq. Whether you are an Amazon Prime Member, taking advantage of free shipping, video streaming, and other products, or a non-member, chances are good you have either ordered from Amazon or received something from someone that was ordered through Amazon. And if you are a federal contractor, you may be competing… Read more »

When Set Asides Collide! – Kingdomware & the ‘Rule of 2’ vs. JWOD

Sep 27, 2018

By David Warner, “When Set Asides Collide!” Federal Circuit To Determine Precedence Of Kingdomware’s “Rule of Two” And Mandatory Procurements Under Javits-Wagner-O’Day Earlier this month, the Federal Circuit heard oral argument in the matter of PDS Consultants, Inc. v. United States, App. No. 2017-2379, to determine whether statutory programs favoring veterans in procurements from the U.S…. Read more »

Federal Circuit Reinforces Government Preference for Commercial Items

Sep 20, 2018

By Heather Mims, On September 13, 2018, the United States Court of Appeals for the Federal Circuit ruled that the Army acted arbitrarily and capriciously when it failed to buy commercially available products whenever possible or, in terms of the statute at issue, to the maximum extent practicable. This litigation began when Palantir USG, Inc…. Read more »

DOL Releases New Opinion Letters Expanding FLSA Exemptions

Sep 6, 2018

By Tyler Freiberger, Following a nine-year gap, in January 2018 the Department of Labor (DOL) again began releasing voluntary opinion letters in response to common or unique questions. The initial batch of released letters only reinstated opinions from 2009 that had been withdrawn for “further consideration.” So the two letters released in April of this… Read more »

OFCCP Issues New Policy Directives

Aug 30, 2018

By Wayne Simpson, CFCM, CSCM On August 10, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued two directives. OFCCP directives provide guidance to OFCCP staff, Federal contractors (and subcontractors) on enforcement and compliance policy or procedures. These directives do not change the laws and regulations governing OFCCP programs and do not establish any legally enforceable… Read more »

Dear Pentagon: $10 Billion is Plenty to Share

Aug 23, 2018

By Barbara Kinosky, The Pentagon is in quite the tussle with tech giant, Oracle – who filed a pre-award protest challenging the DoD’s single-award approach on the much anticipated $10 billion cloud computing contract. This massive contract called the Joint Enterprise Defense Infrastructure, cleverly abbreviated as JEDI, is causing a lot of hoopla in the… Read more »