2017 NDAA Requires Report on Indefinite Delivery Contracts

Congress is taking a hard look at how to promote increased competition in federal contracting. Among the provisions in the 2017 National Defense Authorization Act is a requirement for the GAO to prepare a report on how the DoD enters into and uses indefinite delivery contracts–and recommendations for changes to promote competition with respect to […]

2017 NDAA Reiterates GAO Bid Protest Reporting Requirements

Under the Competition in Contracting Act, the Government Accountability Office is required to issue an annual report to Congress that summarizes the “most prevalent grounds” of sustained protests, identifies the instances in which GAO was not able to decide a protest within its 100-day deadline, and list any protest where the agency did not follow […]

2017 NDAA Creates Pilot Program For Subcontractors To Receive Past Performance Ratings

The 2017 National Defense Authorization Act gives certain small subcontractors a new tool to request past performance ratings from the government. If the pilot program works as intended, it may ultimately improve those subcontractors’ competitiveness for prime contract bids, for which a documented history of past performance is often critical.

2017 NDAA Requires “Brand Name Or Equivalent” Justifications

A small but interesting change in the 2017 National Defense Authorization Act will require the DoD to obtain an appropriate justification and approval (“J&A”) before restricting any competition to a particular brand name, or imposing similar restrictions. In adopting this change, Congress doesn’t mince words, using the term “Anti-competitive Specifications” to refer to instances in which […]

2017 NDAA Restores GAO’s Task Order Jurisdiction – But Ups DoD Threshold

The 2017 National Defense Authorization Act restores the GAO’s recently-expired jurisdiction to hear protests of civilian task and delivery orders valued in excess of $10 million. The 2017 NDAA also continues to allow the GAO to hear protests of DoD task and delivery orders–but raises the jurisdictional threshold to $25 million.

2017 NDAA Requires Report On Bid Protest Impact At DoD

We’ve been covering many of the important changes to federal contracting promised as a result of the 2017 National Defense Authorization Act. But among the most consequential might be a provision that requires DoD to compile a report that analyzes the impacts of the current bid protest system on DoD acquistions. This report could ultimately […]