Ryan Burnette

Ryan Burnette

Ryan Burnette advises clients on a range of issues related to government contracting. Mr. Burnette has particular experience with helping companies navigate mergers and acquisitions, FAR and DFARS compliance issues, public policy matters, government investigations, and issues involving government cost accounting and the Cost Accounting Standards.  Prior to joining Covington, Mr. Burnette served in the Office of Federal Procurement Policy in the Executive Office of the President, where he worked on government-wide contracting regulations and administrative actions affecting more than $400 billion dollars’ worth of goods and services each year.

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Lowest Price Technically Acceptable Solicitations No Longer Acceptable? Reviewing the Department of Defense’s Proposed Changes to the DFARS

By Hunter Bennett and Ryan Burnette on Posted in Bid Protests, Government Contracts Regulatory Compliance, Procurement Policy
In a proposed rule issued earlier this month, the Department of Defense (“DoD”) seeks to incorporate into the Defense Federal Acquisition Regulations Supplement (“DFARS”) restrictions on the use of the lowest price technically acceptable (“LPTA”) source selection method from the National Defense Authorization Act (“NDAA”) for Fiscal Years 2017 and 2018.  This proposed rule makes … Continue Reading

Fourth Circuit Further Defines Scope of Contractor Risks in the FMS Sales Context

By Alan Pemberton, Jennifer Plitsch and Ryan Burnette on Posted in Defense Industry, FMS and DCS
The Court of Appeals for the Fourth Circuit recently published a decision that expanded on its prior Trimble ruling that a foreign government customer cannot sue a U.S. contractor in the Foreign Military Sales (“FMS”) context (at least in U.S. courts).  In BAE Sys. Tech. Solution & Servs., Inc. v. Republic of Korea’s Def. Acq. … Continue Reading

Third Time Around: Inconsistencies Persist with Final DFARS Commercial Items Rule

By Kevin Barnett, Ryan Burnette and Bryan Byrd on Posted in Commercial Items, Defense Industry, Government Contracts Regulatory Compliance, Procurement Policy, Procurement Reform
On January 31, 2018, the Department of Defense (“DoD” or the “Department”) published a final rule regarding commercial item purchasing requirements.  Among other key amendments, the final rule modifies the Defense Federal Acquisition Regulation Supplement (“DFARS”) by:  (i) formalizing a presumption of commerciality for items that DoD previously treated as commercial; (ii) providing commercial item … Continue Reading

Department of State Releases 2017 TIP Report

By Jennifer Plitsch, Ryan Burnette and Alexander Hastings on Posted in Government Contracts Regulatory Compliance, Procurement Policy
The Department of State has released its 2017 Trafficking in Persons (“TIP”) Report.  As with prior versions of the annual report, the State Department reviewed efforts made by more than 180 countries to address the minimum Prosecutorial, Protective, and Preventative standards necessary for effective anti-trafficking measures, as these standards are outlined in the United States’ … Continue Reading

A Tale of Two Contract Releases: One for the Government, One for the Contractor

By Alex Sarria and Ryan Burnette on Posted in Claims and Contract Disputes
On the heels of our recent post offering key takeaways from recent release of claims decisions, the ASBCA and the CBCA have published another round of notable opinions regarding contract releases:  Supply & Service Team GmbH, ASBCA No. 59630 and ServiTodo, LLC, CBCA 5524.  Both decisions are important, albeit for different reasons.  The ASBCA decision demonstrates … Continue Reading

New Policies on Sustainable Acquisition: Among the Last Proposed FAR Rules of the Obama Administration

By Dan Johnson and Ryan Burnette on Posted in Government Contracts Regulatory Compliance, Procurement Policy
Just two days before Donald Trump’s Inauguration, the Federal Acquisition Regulatory Council published a proposed rule to implement Executive Order 13693, Planning for Federal Sustainability in the Next Decade, and certain biobased acquisition provisions of the Agricultural Act of 2014.  The Council characterized the rule as advancing policies put into effect by an interim rule … Continue Reading

New Guidance on Contractor Risk Management Under the Human Trafficking Rule Released

By Jennifer Plitsch, Ryan Burnette, Michael Wagner and Alexander Hastings on Posted in Government Contracts Regulatory Compliance, Procurement Policy
On December 7, the Office of Management and Budget, the Department of Labor, and the Office to Monitor and Combat Trafficking in Persons in the Department of State, issued a proposed memorandum titled “Anti-Trafficking Risk Management Best Practices & Mitigation Considerations.”  The document is intended, at least in part, to “promote clarity and consistency in … Continue Reading

FAR Council Clarifies 8(a) Sole Source Justification Requirements for High Value Contracts

By Jay Carey and Ryan Burnette on Posted in Government Contracts Regulatory Compliance, Procurement Policy, Small Business
On October 15, the Federal Acquisition Regulatory Council (FAR Council), issued a proposed rule to clarify contracting officer and agency responsibilities when justifying sole source awards exceeding $22 million dollars made through the Small Business Administration’s 8(a) program.  The revisions directly address recommendations from a December 2012 Government Accountability Office (GAO) report titled, “Slow Start … Continue Reading

What Goes Around Comes Around: OFPP Makes Efforts to Institutionalize Category Management

By Ryan Burnette on Posted in Commercial Items, Procurement Policy, Procurement Reform
Earlier this month, the Office of Federal Procurement Policy (OFPP) released a proposed Office of Management and Budget (OMB) Circular, Implementing Category Management for Common Goods and Services, which “institutionalizes” category management as the government-wide model for the acquisition of common goods and services.  Contractors should be aware of this trend, as it could impact … Continue Reading
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