Companies Selling Software to the U.S. Government Soon Must Attest to Compliance with NIST Guidance on Software Supply Chain Security
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Morrison Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement. Through Insights, attorneys from our nationally recognized Government Contracts and Public Procurement practice will offer a real-time assessment of the statutory, regulatory, legal, and business-related developments that are shaping the industry. This blog will also examine a full array of U.S. and non-U.S. public procurement issues, mindful that our clients compete in a global marketplace.
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- Software companies that sell commercial software products to federal agencies soon must begin attesting to their compliance with guidance designed to enhance the security of the software supply chain. Under a new White House Office of Management and Budget (OMB) memorandum issued September 14,... ›
Nationwide Preliminary Injunction of Contractor Vaccine Mandate Remains Intact—For Now
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
Last Friday, the Federal Government filed a status report with the U.S. District Court for the Western District of Oklahoma, identifying both its position with respect to the litigation and whether the United States intends to take any further action to implement or enforce... ›DOD Issues Guidance in Advance of Possible Failure to Reauthorize the SBIR/STTR Program
By: Damien C. Specht, James A. Tucker and Locke Bell
As of this posting, Congress has not yet reauthorized the popular Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Given the broad bipartisan support for these programs, most observers expect Congress to reauthorize the programs before they sunset on September... ›August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration
By: James A. Tucker
In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that reached opposite conclusions concerning whether a joint venture offeror must... ›Eleventh Circuit Narrows Scope of Nationwide Preliminary Injunction of Contractor Vax Mandate
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
In a long-awaited decision, on August 26, 2022, the United States Court of Appeals for the Eleventh Circuit significantly narrowed the scope of a nationwide preliminary injunction of the vaccine mandate in Executive Order 14042, the Biden Administration’s effort to impose on federal contractors... ›- - Grants
CHIPS and Science Act Makes Available Billions of Dollars for the United States Science and Technology Sectors
By: Tina D. Reynolds and Markus Gerhard Speidel
Infusing billions of dollars into the U.S. semiconductor industry and appropriating billions more for scientific research and development, what is now colloquially referred to as the CHIPS and Science Act of 2022 was signed into law by President Biden on August 9, 2022. According... › OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis
By: Andrew R. Turnbull
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41 C.F.R. § 60-2.17(b)(3). Although OFCCP’s clarification is welcome news for contractors,... ›“I Get By with a Little Help from My Friends”: Relying on Affiliate Past Performance and Experience
By: Damien C. Specht and James A. Tucker
For evaluation purposes in a federal procurement, may an offeror rely upon the past performance and experience of its affiliates? The answer generally is a qualified yes, but the answer and the qualifications may change depending on the terms of each solicitation. If, on the other... ›Another Piece to the Puzzle: Court of Federal Claims Has Jurisdiction Over Bid Protest Where the Disputed Other Transaction Could Lead to a Follow-On Production Contract
By: Locke Bell and Victoria Dalcourt Angle
There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported , cases such as SpaceX , MD Helicopter , and Kinemetrics have provided useful data points. The most recent decision of the U.S. Court of... ›July 2022 Bid Protest Roundup: Standing, Delivery Orders, Conflicts
By: Sandeep N. Nandivada
This month’s bid protest round up focuses on three recent decisions from the U.S. Court of Federal Claims and the Government Accountability Office (GAO). These decisions involve (1) standing at the Court where protest allegations are speculative; (2) the rules related to delivery orders issued... ›