Legal Landscape

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Project Labor Agreements (PLAs) have been controversial in the construction industry. On January 21, 2025, the United States Court of Federal Claims issued a ruling in MVL USA, Inc. et al. v. The United States that found that PLAs violate the Competition in Contracting Act (CICA). The court’s ruling is a major victory for construction contractors who have long argued that PLAs are anti-competitive. The ruling resulted from multiple consolidated bid protests that challenged the legality of mandatory PLAs in federal construction contracts, specifically as mandated by Executive Order 14063 and implemented through Federal Acquisition Regulation (FAR) provisions.

Although the decision only applies to the solicitations that were the subject of the bid protest, it is also possible that the Trump Administration will repeal the executive order that gave rise to the protest. In the meantime, it is likely that a bid protest on any pending or future solicitation that contains a PLA requirement will be sustained. Continue Reading Court Rules that PLAs Violate the Competition in Contracting Act

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The Department of Defense (DoD) enhanced post-award debriefing requirements, contained in Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA), have been a large topic of conversation this past year. In January 2018, our Government Contracts team detailed the specifics of these new requirements, which includes, among other things, the mandatory question and answer period for debriefings. On March 22, 2018, DoD issued a class deviation letter titled “Enhanced Post-award Debriefing Rights,” (Enhanced Debriefing Rules) which implements the question and answer period requirements. Notably, however, the Enhanced Debriefing Rules do not address the other new requirements in Section 818 of the NDAA, such as those involving the release, under certain circumstances, of redacted source selection award determinations.
Continue Reading GAO Interprets Protest Filing Deadlines in the Wake of Enhanced Debriefing Rules

legal landscape special editionWelcome to a special edition of the Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how these developments may affect state & local contractors. In this special edition we’ll discuss significant changes recently rolled out by the Small Business Administration (SBA) regarding federal small business procurement regulations. Government contractors should keep in mind that state & local agencies often look toward changes in federal regulations as a guideline.


Continue Reading Legal Landscape Special Edition: SBA Rolls Out Major Small Business Changes

WelcomeOnviaLegalLandscape to the fourth edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. Contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guide for future changes at their respective levels. Changes recently made in the federal arena are likely to trickle down to state and local governments.
Continue Reading Legal Landscape: SBA Expands the WOSB/EDWOSB Contract Program, Importance of the Economic Loss Rule and Self-Reporting Requirement Changes

WeOnviaLegalLandscapelcome to the third edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. In this issue, we discuss recent trends in federal, state and local government contracting. Contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guide for future changes at their respective levels. Changes recently made in the federal arena are likely to trickle down to state and local governments soon.

Continue Reading Legal Landscape: Top News in the Mentor-Protégé Program, Bond Claims & DBE Fraud

WelOnviaLegalLandscapecome to the second edition of Legal Landscape, a series we have developed with Onvia’s blog to provide government contractors with a quick, but thorough, summary of important legal developments and regulations in government contracting, as well as a plain-English explanation of how those developments may affect contractors at all levels of government. In this issue, we discuss recent compliance and enforcement trends in federal as well as state and local government contracting. State and local contractors should keep in mind that state and local agencies often look to changes in federal regulations as a guideline; changes recently made in the federal arena are likely to trickle down to state and local governments soon.
Continue Reading Legal Landscape: Big Changes to Prevent Discrimination, Fraud and Non-Compliance

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Exciting news!  We recently teamed up with Onvia, a well-known government contracting resource delivering the necessary data, business intelligence, analytics and tools to help clients succeed in the government market.  In addition to our continued posts on this blog, we will now be publishing a series called Legal Landscape on Onvia’s blog.  The quarterly series is specifically designed to provide government contractors with a quick, but thorough, summary of important legal developments, as well as a plain-English explanation of how those developments may affect you.


Continue Reading Edward DeLisle and Maria Panichelli Team with Onvia to Publish Periodical Government Contracting Series, Legal Landscape