Agency Protests: An Emerging Tool and Potential Threat for Contractors

Merle M. DeLancey Jr. and Michael Joseph Montalbano

In May 2018, the Government Accountability Office (“GAO”) implemented a $350 filing fee for bid protests. There are differences of opinion regarding why GAO implemented the fee. GAO publicly states that the fee was implemented to cover the costs of its new Electronic Protest Docket System (“EPDS”). Many, however, believe the fee was implemented to deter the filing of frivolous protests. Regardless, there “may” be an unintended consequence of the protest filing fee—an increase in agency-level protests. Recently, several agency contracting officers have stated that they are handling more agency protests, and, in their opinion, it is a direct result of GAO’s protest filing fee. As a result, contractors should understand and be prepared to mitigate the risk of agency protests to protect their contracts and position themselves for new ones.

Pros and Cons of Agency Protests Continue reading “Agency Protests: An Emerging Tool and Potential Threat for Contractors”

Cybersecurity Could Make or Break Defense Contractors’ Chances of Future Awards

Michael Joseph Montalbano

Cost, schedule, and performance, the three pillars of defense procurement, may soon be accompanied by a fourth pillar: cybersecurity. As the nature of warfare evolves away from pure kinetic capabilities to the asymmetric, cyber realm, the Department of Defense (“DoD”) has had to grapple with the reality that its defense contractors are prime targets for infiltration. Indeed, in the February 2018 Worldwide Threat Assessment, Director of National Intelligence Daniel Coats specifically identifies defense contractors and IT communications firms as the primary focal points of China—one of the United States’ primary cyber adversaries. As a result of this new reality, DoD has begun the process of revamping the defense procurement system to place greater emphasis on cybersecurity. In response to these moves by DoD, contractors should take a fresh look at their current operations to identify their own cyber vulnerabilities as well as the vulnerabilities of their subcontractors, suppliers, and other partners. Without adequate preparation, contractors risk finding themselves at a significant disadvantage during future contract bids. Continue reading “Cybersecurity Could Make or Break Defense Contractors’ Chances of Future Awards”