The Transformative Nature of Cyber: A PCI Blog Series

Posted on September 8, 2014 by Ira E. Hoffman, Principal in Cybersecurity, Government Contracts and International Law at Offit Kurman, P.A.   This is the first in a series of blogs on the theme of the transformative nature of “cyber.”  In this installment, we will begin setting the baseline for a dynamic discussion of a wide range of cybersecurity issues, starting with the definition of “cyber.”  We will also provide a briefly annotated list of the statutes that most relate to the cybersecurity issues we will address.  In future blogs, we will cover other sources of U.S. cyber law and policy, and then will turn to the transformative nature of cyber.  Although cybersecurity affects everyone, not just government contractors, and we will address the effects … Continue reading

When Corrective Action May Be as Good as a Contract Award

Dan Gordon, Associate Dean for Government Procurement Law Studies at the George Washington University Law School, former Administrator of the Office of Federal Procurement Policy and, before that, Acting General Counsel at the Government Accountability Office (“GAO”), is universally respected for the quality of his scholarship, which always includes exhaustive research. (Full disclosure: I was Dean Gordon’s “associate mentor” when he first started at Fried Frank in 1987). Thus, even though he concedes in a recently published article — “Bid Protests: The Costs are Real, but the Benefits Outweigh Them,” 42 PUB. CONT. L.J. 489 (2013) — that there is “no publicly available information on that large universe of protests where the GAO was told that the protester ‘obtain[ed] some form of relief,’” that there … Continue reading

Bid Protests Get Bad Press

It is highly unusual for a scholarly paper on bid protests to generate excitement in the media, but Dan Gordon has triggered a virtual firestorm by finding, in a recent article, that “[i]t is rare for a protester to win a protest, and even rarer for a winning protester to go on to obtain the contract at issue in the protest.”  See Daniel I. Gordon, Bid Protests:  The Costs are Real, But the Benefits Outweigh Them, Geo. Wash. Law School Pub. L & Leg. Theory Paper No. 2013-41, at 20 (2013), 42 Pub. Contr. L.J. (forthcoming Spring 2013), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2228748.  Upon further reflection, however, the paper and its press coverage raise two points that are worthy of additional comment:  (1) the firestorm is the … Continue reading

New SBA Size Standards: When Will They Become Final?

Recently, the Small Business Administration (SBA) published a new rule setting size standards for the North American Industry Classification System (NAICS) codes known as NAICS 2012.  See 77 Fed. Reg. 49,991 (Aug. 20, 2012).  The rule, which has an effective date of October 1, 2012, will affect 199 industry codes, most of which are in the manufacturing sector.  Given that Federal solicitations are required to state both the applicable NAICS code and the size standard that has been established by the SBA for that NAICS code so that offerors can correctly represent themselves as “small” business concerns (or as large businesses), the effective date for new size standards is important for both government and industry.  But the SBA’s dilatory rulemaking in this case, plus impending … Continue reading