Introducing “Behind the Desk”—a blog series where we peel back the professional facade and delve into the unique personalities that make our law firm shine. From the quiet disruptors to the office comedians, “Behind the Desk” promises to be a captivating journey into the heart and soul of our team.  Join us as we spotlight the incredible individuals who bring their passion, quirks, and expertise to the workplace every day.  Meet John!   When asked to describe John in one word, his officemates describe him as contemplative, intentional, virtuous, genuine, compassionate, and ..read more

Given the advancements of the past year, you might be wondering: Can federal contractors trust AI to interpret regulations? We tested it. You be the judge. AI, analyze a FAR part 22 clause for us We asked ChatGPT to “Briefly summary the requirements of FAR 22.1003-4(d)(1)” It responded: FAR 22.1003-4(d)(1) pertains to labor standards for contracts exceeding $2,500. This subsection requires contractors to submit weekly certified payroll records, ensuring compliance with prevailing wage rates and fringe benefits as stipulated in the contract. ChatGPT Not quite. What (d)(1) really does is list c ..read more

Being competitive begins with understanding the ground rules of the game being played. In federal contracts, competitive ground rules are established by the solicitation. A duo of protest and appeal options provide powerful tools to influence the competitive ground rules and improve competitive standing. NAICS Code Appeals In one of the more masterful displays of bureaucracy, the Small Business Administration (“SBA”) leveraged the Census Bureau’s North American Industry Classification System (“NAICS”) codes to assign a corresponding size limit to each industry. These thresholds establish brigh ..read more

Ian Patterson was quoted in a LAW360 article by Daniel Wilson this week centered around a proposal that would eliminate price as a consideration in IDIQ contracts. “I think that, messy as it may be, there is a value in the federal procurement system having various escape hatches to review decision-making,” said Ian Patterson, a member at government contracts boutique Schoonover & Moriarty LLC. “And if you’re going to be cutting that off, I have concerns about what the implications of that may be down the road.” Several other attorneys in the know also voiced their reactions and thoughts. R ..read more

A new lawsuit challenges the constitutionality of the federal Disadvantaged Business Enterprise (“DBE”) program. One can’t help but wonder if this is a dry run for an 8(a) Program challenge. The ripple effects of the U.S. Supreme Court’s affirmative action decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (“SFFA”) continue to take effect in the small business contracting world. In a recent complaint filed with the Eastern District of Kentucky, Mid-America Milling Company, LLC challenged the DOT’s DBE program. Mid-America has alleged tha ..read more

If you’re anything like me, GAO’s bid protest annual report had you thinking there must be some reason for a much higher than usual sustain rate (31 percent). So why was GAO’s 2023 sustain rate so high? One word, er, acronym: CIO-SP4. Historically, GAO’s sustain rate has hovered in the mere 15-percent range. This has, of course, led some to believe that there’s no point in protesting because it rarely works out. But, as we’ve pointed out many times, the sustain rate does not tell the whole story. Success rate—sustains and corrective actions—generally is around 50 percent. As such, it should be ..read more

$8.07 billion. This is the number of total contract obligations awarded in 2023 by the Department of Interior (DOI) and the Bureau of Indian Affairs (BIA). While $2.67 billion of these obligations were awarded to Indian Economic Enterprises (IEEs) and Indian Small Business Economic Enterprises (ISBEEs), only $615.5 million (7.6%) of these obligations were set-aside under the Buy Indian Act for IEEs and ISBEEs to bid on. The Buy Indian Act is a century-old federal law that aims to specifically promote economic development in Native American communities. It does this by “requiring” cer ..read more

It’s looking increasingly likely that the federal government will shutdown at midnight on September 30, 2023. If it happens it will cause significant disruptions for many federal contractors. Here are some high-level things contractors can do to protect their interests. Review Contracts Outcomes for federal contractors during a shutdown vary widely based on the unique terms and conditions of each contract. Differences in payment structures, deliverable schedules, and performance monitoring will all have different impacts if Congress fails to reach a funding agreement. Understanding the specifi ..read more

Imagine your company—and your fiercest rival—as both awardees on a multiple-award contract. Congrats! Task order competition will be fierce. Being a savvy GovConBrief reader, you think a protest of your competitor may clear the way for success. Unfortunately, a recent GAO decision makes clear that there is no path to challenge a fellow awardee. At the outset, let’s acknowledge the cleverness of this strategy. With the increasing popularity of multiple-award vehicles, task order capture is essential for success. Protesting a well-qualified awardee could reduce competition and increase the likel ..read more

Before diving in, let’s be sure that we’re both on the same page when it comes to the Buy American Act versus Build America, Buy America. They are, in fact, two different things. The Buy American Act is the dominant domestic preference statute that applies to the federal government’s direct procurement of goods. We’ve written about these requirements generally and recent updates. The Build America, Buy America Act, on the other hand, refers to domestic content requirements applicable to federally-funded infrastructure projects. Recent legislation has broadened the reach of these requirements ..read more