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Jun 25, 2024 | 
mondaq.com | Senators Introduce Bill |Paul Freeman |Elizabeth Dawson |Issac Schabes
Key takeaway #1
FSS contractors should review the use of SUP in their supply
chains to take advantage of GSA's new incentive system.
Key takeaway #2
Even non-FSS contractors should begin thinking about how these
concepts may impact their offerings to federal customers should
federal agencies start implementing similar measures or preferences
for their solicitations and contracts.
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Jun 14, 2024 | 
mondaq.com | Robert J. Sneckenberg |Issac Schabes |Emily Golchini
In Percipient.ai, Inc. v. United States,
the Federal Circuit considered Percipient.ai Inc.'s
(Percipient) protest arising out of the National
Geospatial-Intelligence Agency's (NGA) SAFFIRE procurement, for
the improvement of the agency's production, storage, and
integration of geospatial intelligence data. Percipient's
protest was unusual—filed in 2023, it related to a task order
NGA awarded to CACI, Inc. (CACI) two years earlier, for which
Percipient did not (and could not) bid.
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Mar 12, 2024 | 
mondaq.com | Paul Freeman |Issac Schabes |Warren Lehrenbaum |Amy Symonds
A wave of recent changes in federal and state law pertaining to
PFAS chemicals is likely to present both immediate and long-term
challenges to the government contracting community. At the federal
level, contractors that import products, parts, packaging,
equipment or other articles with components that contain PFAS must
confront new and extensive regulatory reporting requirements
relating to such imports going back to 2011, and they must do so by
May 2025.
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Feb 22, 2024 | 
mondaq.com | Robert J. Sneckenberg |Issac Schabes
Offerors understand that missing a submission deadline can sink
even the best proposal because "late is late." But what
happens when an offeror timely emails its proposal only to have an
agency server reject it without any notification to the offeror? GAO's recent decision in Guidehouse, Inc., B-422115.2, Jan. 19,
2024, says that the proposal is still late and emphasizes the
potentially draconian impact of the "late is late"
rule.
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Feb 2, 2024 | 
mondaq.com | Paul Freeman |Elizabeth Dawson |Issac Schabes
Front of mind for many federal contractors is the proposed FAR
rule that would make federal contract awards contingent upon
meeting mandatory greenhouse gas (GHG) emissions requirements. But
a provision in the recently enacted National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2024 scales back the reach of that potential
rule on Department of Defense (DoD) contracts.
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Jan 26, 2024 | 
lexblog.com | Paul Freeman |Issac Schabes
Front of mind for many federal contractors is the proposed FAR rule that would make federal contract awards contingent upon meeting mandatory greenhouse gas (GHG) emissions requirements. But a provision in the recently enacted National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 scales back the reach of that potential rule on Department of Defense (DoD) contracts.
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Jan 16, 2024 | 
lexblog.com | Anuj Vohra |Issac Schabes
Subject to limited exceptions, GAO’s bid protest jurisdiction over Department of Defense (DoD) awards of task orders under multiple-award contracts is limited to those “valued in excess” of $25 million. While that seems straightforward enough, GAO’s recent decision in ELS, Inc., B 421989, B 421989.2, Dec. 21, 2023, highlights the complexities that can arise in calculating a task order’s value. ELS involved a Navy procurement for administrative and engineering support services.
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Jan 16, 2024 | 
lexology.com | Anuj Vohra |Issac Schabes
Subject to limited exceptions, GAO’s bid protest jurisdiction over Department of Defense (DoD) awards of task orders under multiple-award contracts is limited to those “valued in excess” of $25 million. While that seems straightforward enough, GAO’s recent decision in ELS, Inc., B 421989, B 421989.2, Dec. 21, 2023, highlights the complexities that can arise in calculating a task order’s value. ELS involved a Navy procurement for administrative and engineering support services.
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Jun 9, 2023 | 
mondaq.com | Robert J. Sneckenberg |Issac Schabes |Allison Skager |Rachel Schumacher
Federal contractors must be registered on SAM.gov to be eligible
for award of federal contracts. Failure to do so can have
significant consequences, as the recent U.S. Court of Federal
Claims (CFC) decision in Myriddian, LLC v. United States, No.
23-443 makes clear.
In Myriddian, the Centers for Medicare & Medicaid
Services (CMS) awarded a five-year, $11 million contract to Cloud
Harbor Economics, LLC (Cloud) for coding support services.
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Apr 20, 2023 | 
lexblog.com | Steve McBrady |Michelle Coleman |Alexandra Barbee-Garrett |Issac Schabes
Alexandra Barbee-Garrett is an associate in Crowell & Moring’s Washington, D.C. office, where she practices in the Government Contracts Group. Alex represents government contractors in both litigation and counseling matters. Her practice includes bid protests before the Government Accountability Office (GAO), the U.S. is an associate in Crowell & Moring’s Washington, D.C. office, where she practices in the Government Contracts Group.
