Labor & Employment

New Rule Issued by the Department of Defense to Restrict Use of the LPTA Selection Process

On September 26, 2019, the Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to significantly restrict DOD's use of Lowest Price Technically Acceptable (LPTA) source selection procedures. The new rule, which went into effect on October 1, 2019, should not come as a surprise to federal government...
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Domestic Preference & Sourcing Requirements in Federal Government Contracts

Over the past several months, we have seen a considerable increase in the number of clients who have contacted us seeking advice on how to navigate the domestic preference and sourcing requirements contained in their federal government contract(s). Recent inquiries include issues involving the Buy American Act, the Trade Agreements Act, and the Berry...
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I’m a small business considering a bid protest. Should I file, and if so, where?

A glance at some relevant data may provide some initial orientation to the landscape. The congressionally mandated FY18 RAND Corporation study on bid protests of DoD procurements found that less than 0.3 % of contracts are actually protested. Of the protests that were filed, more than half of all bid protests were made by...
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