On October 31, 2019, President Donald Trump rescinded an executive order issued by former President Barack Obama that put existing federal contract workers at the front of the line for jobs on the next contract. Executive Order 13,495 . . . required qualified workers on a federal service contract who would otherwise lose their jobs as a result of the completion or expiration of a contract be given the right of first refusal for employment with the successor contractor, according to a fact sheet issued at the time by the Department of Labor's Wage and Hour Division.
The Competition in Contracting Act requires agencies to stay performance of contracts protested at GAO. But agencies may authorize performance anyway by issuing an override after a written finding that immediate performance either serves the best interests of the U.S., or if urgent and compelling circumstances require it. Judges at the Court of Federal Claims have taken varying approaches when reviewing an override decision, and the Court of Appeals for the Federal Circuit has not articulated a specific standard of review.
Oracle's bid protest criticizing the Pentagon's procurement process for the $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud system contract could set the stage for future additional protests.
PilieroMazza is pleased to announce that Anna Wright has joined the Firm as an Associate in its Government Contracts Group. Ms. Wright represents commercial businesses in a variety of government contracting matters. "With her business-minded approach to government contractor needs, Anna's practice in federal contracting will be invaluable to our clients and the PilieroMazza team," said Isaias "Cy" Alba, a partner in the Firm's Government Contracts Group.
When Judge Eric Bruggink handed down his decision on Oracle's protest of the Defense Department's JEDI cloud contract on July 12, many legal practitioners were more than mildly surprised. And when the US Court of Federal Claims released the judge's mostly unredacted decision 14 days later, the rationale behind the ruling in favor of the Defense Department strategy and against Oracle's claims of conflicts of interest and arbitrary decisions didn't quite put the case to rest. With the JEDI drama far from over, Federal News Network asked Antonio Franco, a senior partner in PilieroMazza's Government Contracts Group, to weigh in on Bruggink's decision.