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Patrick Quigley’s practice is focused on litigating bid protests, contract claims, prime/subcontractor disputes, and small business size protests/appeals at the Government Accountability Office, U.S. Court of Federal Claims, boards of contract appeals, federal agencies, the Small Business Administration, and state courts. He conducts internal investigations and defends clients in False Claims Act litigation, government investigations, and suspension and debarment actions. Patrick conducts due diligence reviews of and advises on the government-contract aspects of business transactions, and counsels on procurement law compliance, federal employee ethics rules, teaming agreements, and conflict-of-interest mitigation plans. View articles by Patrick.

The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime contracts with the federal government. The purpose of the rule is to address a common problem faced by small businesses

More than seven months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the order intended to use the federal government’s contracting power to increase the number of vaccinated people. Since then, 26 states

Federal Circuit Weighs in on Prejudice in Bid ProtestsRinging out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive prejudice, even where the protester has successfully demonstrated that an agency’s evaluation was irrational. This article provides a brief

Uncle Sam Wants You! (To Get Vaccinated, If You’re a Federal Contractor): Updated COVID-19 Workplace Safety Guidelines Are HereAs promised, on September 24, 2021, the Safer Federal Workforce Task Force issued Guidance for Federal Contractors and Subcontractors about the implementation of President Biden’s Executive Order 14042, which imposed a vaccine mandate on many federal contractors. Bottom line up front, as the military likes to say, Uncle Sam wants its federal contractors to

New Vaccine Requirements for Federal ContractorsThe Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who “does not attest to being fully vaccinated will be required to wear a mask on the job no matter their geographic location, physically distance from all other employees and

CICA Violated Where Sole-Source Award Duration Was Too LongThe U.S. Court of Federal Claims (COFC), in Sierra Nevada Corporation v. United States, recently held that a contracting agency’s justification of a sole-source contract award ran afoul of the Competition in Contracting Act (CICA) because the duration of the sole-source contract was longer than reasonably necessary. The COFC’s decision in this case is

New Exec. Order Increases Federal Contractor Min. Wage to $15 Per Hr.President Biden recently signed an executive order (EO) that will increase the minimum wage rate to be paid to workers performing work on or in connection with a federal contract from $10.95 per hour to $15.00 per hour beginning January 30, 2022.

The EO states that federal executive departments and agencies shall, to the extent

GAO Clarifies the Scope of Its Jurisdiction over OTA ProtestsThe Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority. The GAO’s decision in this case is noteworthy because agencies are increasingly relying on OTAs to meet their procurement needs.

The Facts

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn NIKA Technologies A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of  Defense’s (DOD) enhanced post-award debriefing procedures are used. The case was NIKA Technologies, Inc. v. United States,