In January, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”), which includes numerous new procurement policies directed at contractors and how they bid on and perform government contracts. To learn more about this, click here to read the client alert.
Articles Posted in Government Contracts
Prohibition on Contract Awards to Companies That Were Formerly Based in the United States
On January 29, 2013, a final rule was issued prohibiting the award of contracts to inverted domestic corporations. The final rule requires an offeror to represent that it is not an inverted domestic corporation and creates potential liability if the contractor’s legal status changes after the contract is awarded. To…
Even Offerors Eliminated Before the Competitive Range May Have Protest Standing
On January 14, 2013, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held that an offeror had standing to challenge the exclusion of its proposal from a competition even prior to a competitive range, despite the offeror’s submission of an incomplete proposal. In Orion Technology, Inc. v.…
Challenge Problems in Solicitation Amendments Before Award: A Friendly Reminder from the Federal Circuit
On December 7, 2012, the U.S. Court of Appeals for the Federal Circuit issued its first decision determining that government contractors need to challenge any obvious errors, improprieties, or ambiguities on the face of a solicitation amendment before award (extending its previous rule that such challenges to the initial solicitation…
G2G Friday Favorites – July 27
Form over function gone too far? Ticket-holders in some seats in The London 2012 Aquatic Center will get a refund because “the angle and curve of the aquatic centre roof” obscures the views of divers. The building was designed by Zaha Hadid, who denies that the design is the reason…
G2G Friday Favorites – July 20
Time to revise the game plan. New Jersey officials re-evaluate planned infrastructure projects in light of Super Bowl 2014. Bottom line: be prepared for some gridlock. Oh, and bundle up since this will be the first ever outdoor Super Bowl in a cold-weather city. There’s an app for that! Bluebeam…
Tappan Zee Replacement — Which came first, the RFP or the PPP?
When we posted yesterday about the RFP for the Tappan Zee Bridge replacement, we perhaps missed the most important aspect of the Instructions to Bidders: No Obligation to Award. (It’s on page 40, for those keeping track.) Usually this sort of provision is a safety valve. Here, it might be…
New Year “ins” and “outs”: Stanford is “out”; Cornell is “in”
“In” and “out” of New York City that is. Roosevelt Island, in particular. Stanford withdrew its proposal to build a campus on New York City’s Roosevelt Island and a week later, the City agreed to provide 10 acres to Cornell plus $100 million in infrastructure improvements; Cornell will build a…
Where do you get your water? ASCE Gives Low Marks to U.S. Water Systems
Chances are, you get your water from a public drinking water system, even though approximately two thirds of drinking water systems in this country are non-community systems — think campgrounds and schools. And the chances are that the system that provides your water needs an upgrade. The American Society of…
Sequestration – Should YOU Be Worried?
If you answered “yes” but only because the title conjured up images of late nights in a small room with 11 other jurors of your peers…there is another type of “sequestration” that might be of concern to you. The more noteworthy sequestration is the automatic budget cuts that were triggered…