Author Info for Morrison & Foerster LLP - Government Contracts Insights

Eliot Adelson

Division Continues Increased Focus On Procurement Collusion, Presents Strike Force To International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.” Division Continues Increased Focus on Procurement Collusion, Presents…more

Bid Rigging, Criminal Antitrust Litigation, False Claims Act (FCA), Procurement Collusion Strike Force, South Korea

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Cynthia Akatugba

OFCCP Announces FY2019 Audits

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published the list of contractors that are scheduled to receive Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters OFCCP…more

Affirmative Action, Audits, CSALs, Federal Contractors, OFCCP

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Stuart Alford

National Security And Investment Act Receives Royal Assent

On 29 April 2021, there was a significant development in the evolving European national security landscape, when the National Security and Investment Act (the “Act”) was granted Royal Assent and passed into law in the United…more

Assent, Foreign Agents Registration Act (FARA), Foreign Investment, National Security, UK

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Ian Bausback

Top 10 International Anti-Corruption Developments for November 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

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Panagiotis Bayz

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

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Locke Bell

DOD Dusts Off Other Transactions (OT) Regulations

On September 4, 2024, the U.S. Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on…more

Contract Negotiations, Defense Contracts, Department of Defense (DOD), Federal Contractors, Federal Register

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Margot Benedict

Top 10 International Anti-Corruption Developments for January 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary resources…more

Anti-Corruption, Barbados, Bribery, Corporate Counsel, EU

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Joseph Benkert

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

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Susan Borschel

June 2018 Bid Protest Roundup

This month’s roundup features one noteworthy decision from the Court of Federal Claims (COFC) regarding improper agency corrective action, and two decisions from the Government Accountability Office (GAO) concerning unequal…more

Bid Protests, COFC, Conflicts of Interest, Department of Justice (DOJ), Federal Acquisition Regulations (FAR)

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Liam Bowers

Airing Of Grievances: FAR Council Invites Novation Comments

Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors…more

Federal Acquisition Regulations (FAR), Federal Contractors, Name Changes, Novation

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Adam Braverman

The FCA’S Qui Tam Provisions Under Fire

Last year, Justice Clarence Thomas’s dissent in United States ex rel. Polansky v. Executive Health Resources, Inc., 599 U.S. 419 (2023) (“Polansky”), resurrected an old debate about whether the False Claims Act (FCA) qui tam…more

Appointments Clause, Article II, Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA)

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Charles Capito

National Security And Government Contractor Implications Of Biden AI Executive Order

The Biden administration issued a widely anticipated executive order on artificial intelligence (“AI”) earlier this week. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence…more

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Homeland Security (DHS), Executive Orders

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John Carlin

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

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Sophie Cash

Top 10 International Anti-Corruption Developments for November 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

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Steven Cave

New Decisions Clarify Small Business Minority Shareholder Protections

One of the easiest small business affiliation rules to apply is that a person that owns “50 percent or more of a concern’s voting stock . . . controls or has the power to control the concern.” 13 C.F.R. § 121.103(c)(1). It is…more

SBA, Shareholder Rights, Shareholders, Small Business

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Catherine Chapple

What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government…more

Bid Protests, Debriefing, Federal Contractors, NDAA

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Daniel Chudd

Try, Try Again

A recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act (TINA)…more

Business Litigation, Federal Acquisition Regulations (FAR), Federal Contractors, Military Contracts, Pricing

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David Churchill

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

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Caitlin Crujido

June 2024 Bid Protest Roundup

This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an…more

Bid Protests, Centers for Medicare & Medicaid Services (CMS), Customs and Border Protection, Department of Defense (DOD), Department of Homeland Security (DHS)

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Victoria Dalcourt Angle

Ninth Circuit Sits En Banc To “Tidy Up The Law” On The False Claims Act’s First-To-File Rule

In September 2024, the Ninth Circuit reversed in part a district court’s dismissal of an action under the False Claims Act (FCA or the “Act”) for lack of jurisdiction under the Act’s First-to-File Rule and held that the…more

Burden of Proof, False Claims Act (FCA), Federal Rules of Civil Procedure, First-to-File, Jurisdiction

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W. Jay DeVecchio

False Claims In Independent Research & Development (IR&D): Federal District Court Adopts ATK THIOKOL As The Knowledge Standard

Many government contractors, like other private enterprises, invest heavily in research and development (R&D) to improve the products and services they offer, in hopes of better meeting their customers’ needs. When those R&D…more

False Claims Act (FCA), Federal Acquisition Regulations (FAR), Federal Contractors, Fraud, Research and Development

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Charles Duross

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

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Gerardo Gomez Galvis

Top 10 International Anti-Corruption Developments for October 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

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Lauren Gambier

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

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Daisuke Alexander Gatanaga

Biden Administration Proposes Novel Use Of Price As Justification For Agency Exercise Of March-In Rights For Government-Funded Inventions

Presented as part of its effort to lower what it views as excessive prices for prescription drugs, the Biden administration on December 7, 2023, announced the release of a proposed framework to expand the use of government…more

Bayh-Dole Act, Biden Administration, Drug Pricing, Executive Orders, Federal Funding

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Megan Gerking

Division Continues Increased Focus On Procurement Collusion, Presents Strike Force To International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.” Division Continues Increased Focus on Procurement Collusion, Presents…more

Bid Rigging, Criminal Antitrust Litigation, False Claims Act (FCA), Procurement Collusion Strike Force, South Korea

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Nicole Giles

Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency

The first decision, Kearney & Co. v. U.S., explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services…more

Bid Protests, Bid Solicitation, COFC, Competition, Federal Contractors

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Brandon Van Grack

National Security And Government Contractor Implications Of Biden AI Executive Order

The Biden administration issued a widely anticipated executive order on artificial intelligence (“AI”) earlier this week. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence…more

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Homeland Security (DHS), Executive Orders

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Mingda Hang

Top 10 International Anti-Corruption Developments for October 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

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Lyle Hedgecock

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in which…more

Bid Protests, Bid Solicitation, COFC, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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Felix Helmstädter

Closing The Gap – European Union To Challenge Foreign Subsidies

FOREIGN SUBSIDIES COULD SOON BECOME THE SUBJECT OF SPECIFIED EU REGULATIONS- The EU Commission wants to create regulations to tackle impacts of foreign government funding in the EU. In its “White Paper on levelling the…more

Acquisitions, Antitrust Violations, Coronavirus/COVID-19, EU, European Commission

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Joshua Hill Jr.

DOJ Takes On Meritless Qui Tam Actions

A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to risk…more

Department of Justice (DOJ), Dismissals, False Claims Act (FCA), Frivolous Lawsuits, National Security

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Bethany Hills

U.S. Government Announces New Federal Funding Opportunities Related To COVID-19

The Biomedical Advanced Research and Development Authority (BARDA), part of the U.S Department of Health and Human Services, Office of the Assistant Secretary for Preparedness and Response, has modified an existing broad agency…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Food and Drug Administration (FDA), Funding Opportunities, Life Sciences

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Lauren Horneffer

November 2019 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly bid protest Law360 spotlight examines four protest decisions released in November 2019. In Inserso, GAO clarifies that a technical acceptability requirement is not equivalent to a lowest-price…more

Bid Protests, Court of Federal Claims, Federal Contractors, GAO

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Alex Iftimie

Moforward 2020: Need-To-Know Regulatory and Legal Developments

BID PROTESTS, LATEST DEVELOPMENTS & TWISTS - Bid Protests: Agenda - 1. LOGCAP V and Task/Delivery Order Protest Jurisdiction 2. SpaceX and Other Transaction Authority Protest Jurisdiction 3. Potential Impact of New LPTA…more

Bid Protests, CFIUS, Cybersecurity, Data Breach, Data Rights

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Roke Iko

September 2023 Bid Protest Roundup: Limits To Agency Discretion In Challenge To NAICS Code Assignments, Confines Of The Close-At-Hand Principle

This month’s Bid Protest Roundup focuses on a recent U.S. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S. Government Accountability Office (GAO) that involved the…more

Arbitrary and Capricious, Bid Proposals, Bid Protests, Court of Federal Claims, Documentation

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Edward Jackson

All Is Not Forgiven: PPP Forgiveness And Credits

On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations: What It…more

Architects, CARES Act, Contractors, Coronavirus/COVID-19, DCAA

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James Koukios

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

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Bonnie Lau

Division Continues Increased Focus On Procurement Collusion, Presents Strike Force To International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.” Division Continues Increased Focus on Procurement Collusion, Presents…more

Bid Rigging, Criminal Antitrust Litigation, False Claims Act (FCA), Procurement Collusion Strike Force, South Korea

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Rohani Mahyera

The Economic Aid Act And A Second Round Of PPP Loans

The Consolidated Appropriations Act of 2021, which became law on December 27, 2021, includes a second round of stimulus funding in the form of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act(the…more

Business Expenses, CARES Act, Coronavirus/COVID-19, Economic Aid Act, Economic Injury Disaster Loans

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Rob Manoso

South Korean Fuel Contractors Agree to $236 Million Settlement for Role in Bid-Rigging Scheme

Antitrust Division Renews Focus on Seeking Civil Damages for Antitrust Violations Harming Government - On November 14, 2018, the U.S. Department of Justice’s Antitrust Division (the “Division”) announced global settlements…more

Antitrust Violations, Bid Rigging, Conspiracies, Department of Justice (DOJ), South Korea

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Alistair Maughan

UK Procurement Bill: Pursuing Simple And Accountable Procurement

The UK is pressing ahead with a reform to its government procurement laws that will diverge from the harmonized EU procurement regime that applied in the UK pre-Brexit. The proposals are intended to create a more transparent…more

Bids, EU, Procurement Guidelines, Public Procurement Policies, Suspensions & Debarments

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Kevin Mullen

The Debt Ceiling And Its Potential Implications For Government Contractors

Contractors face potential payment uncertainty as a result of the current congressional inability to agree to increase the federal government’s debt ceiling. The government reached the official debt limit months ago, on January…more

Board of Governors, Debt Ceiling, Federal Contractors, Federal Funding, OMB

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Sandeep Nandivada

Procurement Integrity Act

The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits…more

Bid Proposals, COFC, Federal Contractors, GAO, Illegal Conduct

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Lauren Navarro

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

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Krista Nunez

June 2023 Bid Protest Roundup: Errors, Experience, Corrective Action

This month’s bid protest roundup focuses on two decisions from the U.S. Court of Federal Claims (“Court”) and one decision from the U.S. Government Accountability Office (“GAO”). These decisions involve (1) the Court’s…more

Bid Protests, Bid Solicitation, Clerical Errors, Corrective Actions, Court of Federal Claims

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Theresa Oehm

Closing The Gap – European Union To Challenge Foreign Subsidies

FOREIGN SUBSIDIES COULD SOON BECOME THE SUBJECT OF SPECIFIED EU REGULATIONS- The EU Commission wants to create regulations to tackle impacts of foreign government funding in the EU. In its “White Paper on levelling the…more

Acquisitions, Antitrust Violations, Coronavirus/COVID-19, EU, European Commission

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Joseph Palmore

President Biden Revokes Federal Contractor Vaccine Mandate

On May 9, 2023, President Biden issued a highly anticipated Executive Order formally revoking the federal contractor COVID-19 vaccine mandate (Executive Order 14042) and the federal employee COVID-19 vaccine mandate (Executive…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Federal Contractors, Federal Employees

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Shawna Pasquale

Top 10 International Anti-Corruption Developments for February 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary…more

Anti-Corruption, Brazil, Bribery, Corporate Counsel, Department of Justice (DOJ)

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Lisa Phelan

Division Continues Increased Focus On Procurement Collusion, Presents Strike Force To International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.” Division Continues Increased Focus on Procurement Collusion, Presents…more

Bid Rigging, Criminal Antitrust Litigation, False Claims Act (FCA), Procurement Collusion Strike Force, South Korea

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Rachael Plymale

Cyber Compliance On Trial: Court Denies Summary Judgment In Aerojet FCA Case

Aerojet Rocketdyne received another blow last week in its long running battle to end a 2015 False Claims Act suit alleging it lied about its compliance with cybersecurity requirements in order to win several federal contracts…more

Compliance, Controlled Unclassified Information (CUI), Cybersecurity, Department of Defense (DOD), DFARS

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Tina Reynolds

DOD Dusts Off Other Transactions (OT) Regulations

On September 4, 2024, the U.S. Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on…more

Contract Negotiations, Defense Contracts, Department of Defense (DOD), Federal Contractors, Federal Register

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Mercedes Samavi

Keeping the Facuet Open: The Implications of Brexit for European Public Procurement

The implications of Britain’s decision in June 2016 to leave the EU are gradually becoming clearer. In the area of government procurement, a paper by the European Parliament has highlighted the various models available to UK…more

EU, European Commission, European Economic Area (EEA), Public Procurement Policies, UK

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Harriet Sassoon

Top 10 International Anti-Corruption Developments for October 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

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Tyler Sewell

Venture Capital Investment In A Small Business? Know The SBA Rules First.

In recent months, there have been a number of articles about an increase in venture capital interest in entities that do business with the federal government. In fact, this interest is not new. Small entities with venture…more

Borrowers, Debt Securities, Department of Defense (DOD), Encumbrances, Investors

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Adam Sorensen

Sixth Circuit Follows Suit In Affirming Preliminary Injunction Of Contractor Vaccine Mandate

Appeals for the Sixth Circuit joined the Fifth and Eleventh Circuits in upholding a preliminary injunction against the enforcement of the Biden Administration’s effort to impose on federal contractors a variety of COVID-19…more

Coronavirus/COVID-19, Executive Orders, Federal Contractors, Federal Employees, Joe Biden

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Damien Specht

SBA Proposes To Require The Rule Of Two For Most Task And Delivery Order Competitions

On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. The…more

Comment Period, Documentation, Federal Acquisition Regulations (FAR), Federal Supply Schedule (FSS), Multiple Award Contracts

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Markus Gerhard Speidel

DOD Aligns With FAR On Sustainable Procurement

The U.S. Department of Defense (DoD) issued a final rule bringing the Defense Federal Acquisition Regulation Supplement (DFARS) into alignment with changes to the Federal Acquisition Regulation (FAR) that reorganized Part 23 on…more

Department of Defense (DOD), DFARS, Federal Acquisition Regulations (FAR), Federal Contractors, Federal Procurement Systems

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Nicholas Spiliotes

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA), and…more

Acquisitions, CFIUS, Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

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Kathryn Thomson

Key Goals For The Next Secretary Of Transportation

A safe, reliable, efficient and sustainable transportation system is the lifeblood of this nation. It is critical to the economic prosperity of this country and to the well-being of everyone who lives here. It connects us to an…more

Department of Transportation (DOT), Energy Efficiency, Infrastructure, Safety Management Systems, Sustainability

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Michaela Thornton

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in which…more

Bid Protests, Bid Solicitation, COFC, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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James Tucker

SBA Proposes To Require The Rule Of Two For Most Task And Delivery Order Competitions

On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. The…more

Comment Period, Documentation, Federal Acquisition Regulations (FAR), Federal Supply Schedule (FSS), Multiple Award Contracts

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Andrew Turnbull

Missing SCA Clause Did Not Excuse Noncompliance Or Allow For Full Equitable Adjustment

In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara…more

Armed Services Board of Contract Appeals, Department of Labor (DOL), Federal Acquisition Regulations (FAR), Federal Contractors, Misclassification

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Vanshika Vij

Top 10 International Anti-Corruption Developments for November 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more

Anti-Corruption, Bribery, China, Corporate Counsel, Department of Justice (DOJ)

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Andrew Walchuk

Top 10 International Anti-Corruption Developments for January 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month, with links to primary resources…more

Anti-Corruption, Barbados, Bribery, Corporate Counsel, EU

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J. Alex Ward

Ninth Circuit Sits En Banc To “Tidy Up The Law” On The False Claims Act’s First-To-File Rule

In September 2024, the Ninth Circuit reversed in part a district court’s dismissal of an action under the False Claims Act (FCA or the “Act”) for lack of jurisdiction under the Act’s First-to-File Rule and held that the…more

Burden of Proof, False Claims Act (FCA), Federal Rules of Civil Procedure, First-to-File, Jurisdiction

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Kathy Weinberg

New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority

The Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting at…more

Collaboration, Contract Price, DCAA, DCMA, Department of Defense (DOD)

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Bradley Wine

FY 2018 Forecasts: Winds Shifting on Data Security, Industry Consolidation, and DOJ Enforcement Efforts

In the second of our series about what to watch for in government contracts in fiscal year 2018, we focus on Cybersecurity, Cloud-Based Services, Employment Regulations, M&A, FCA enforcement, and Block Chain…more

Acquisitions, Blockchain, Cloud Service Providers (CSPs), Data Security, Department of Justice (DOJ)

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Alissandra Young McCann

Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions…more

Bid Protests, Code of Federal Regulations (CFR), DFARS, Federal Contractors, GAO

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