January 2017
Expecting the Unexpected: Federal Procurement Under Trump

By Greg Jacobs and Walter Wilson

Federal contractors (and their lawyers) have spent much of the past two months trying to anticipate how federal procurement law and policy may change under the incoming Trump Administration. The first factor to note, which most acknowledge, is that Trump the candidate has been unpredictable in his policy positions. The second factor is that Trump’s businesses have not (as far as we can tell) been a contractor to the federal government. So, federal government procurement – with its arcane rules and regulatory processes – may be a completely new and alien segment of the economy to him. Third, President Trump has suggested that he may well assume the position of Deal-Maker-In-Chief for the federal government, creating uncertainty as to when and how he will intervene in the acquisition process.

OFPP Makes the Case for Better Debriefings

By Greg Jacobs and Daniel Donohue

In a January 5, 2017 memorandum titled “’Myth-busting 3’ Further Improving Industry Communication with Effective Debriefing,” the Office of Federal Procurement Policy lays out the case that effective post-award debriefings improve the entire procurement process. As most contractors know, agencies are required to debrief unsuccessful offerors following “negotiated procurements” that take place under Federal Acquisition Regulation (FAR) Part 15. 

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