Small Business
May 14, 2018Small Business

SBA Sneaks in Rule on Recertification

The Small Business Administration (SBA) issued a Direct Final Rule on March 26, 2018 that appears to address a specific holding of SBA’s Office of Hearings and Appeals (OHA) related to small business recertification rules.  In the recently issued Analytic Strategies, Inc., SBA No. VET-268, decision, OHA held that a service-disabled veteran-owned small business concern ...›

Compliance

Bayh-Dole Regulatory Update Offers Clarifications to Federal Grantees and Contractors But Also Raises Specter of Government Interference with Patent Rights

Effective May 1, 2018, newly issued federal government contracts, grants, and cooperative agreements will be subject to revised regulations implementing the Bayh-Dole Act, the federal statute governing title and license rights for inventions developed with federal funding.  The new regulations were issued on April 13, 2018 by the Department of Commerce, National Institute of Standards ...›

Protests and Litigation
May 9, 2018Protests & Litigation

April 2018 Bid Protest Roundup

This month’s roundup summarizes decisions from each of the bid protest venues:  the Government Accountability Office (GAO), the Court of Federal Claims (COFC or the Court), and the Small Business Administration (SBA) Office of Hearings and Appeal (OHA).  These cases are noteworthy for practitioners that encounter issues with:  (1) prolonged, multi-phased procurements; (2) solicitation ambiguities; ...›

Intellectual Property
May 1, 2018Intellectual Property

FedPubs Government Contracts Conference, MoFo Partner Jay DeVecchio Speaking

On May 9 and May 10, 2018, Morrison & Foerster partner Jay DeVecchio will be teaching two courses at the Federal Publications’ annual La Jolla Government Contacts Conference, “Masters Institute in Government Contract Intellectual Property” (May 9) and “Disputes & Terminations” (May 10). Jay will provide an overview of intellectual property in government contracting, and ...›

FCPA
April 30, 2018Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for March 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 resources. This month we ask: Which companies resolved FCPA allegations involving alleged misconduct in Romania, Russia, West Africa, and the United States? What ...›

Federal Procurement

Warning: Possible Delays Ahead New SAM Requirement for Notarized Letter

All government contractors must have an active registration in the System for Award Management (SAM) to do business with the government. As of March 22, 2018, SAM requires users registering a new business entity to “provide an original, signed notarized letter” confirming that they are the “authorized Entity Administrator” before their registration will be activated. ...›

Federal Procurement

Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments

As talk of a trade war escalates, government contractors should be alert to the possibility that the recently imposed steel and aluminum tariffs could increase their cost of performance.  The orders, signed March 8, 2018, impose a 25 percent tariff on imported steel and a 10 percent tariff on imported aluminum, with exemptions for imports ...›

Protests and Litigation

Procurement Integrity Act Violations (Post-Award Protest Primer #15)

Offerors should, and generally do, carefully guard the confidentiality of their bid and proposal information.  And agencies that receive that information generally are careful to prevent its improper release, much as they guard against release of other source selection sensitive information.  The Procurement Integrity Act (PIA) governs aspects of the protection of this information, and ...›

Protests and Litigation
April 10, 2018Protests & Litigation

March 2018 Bid Protest Roundup

In this roundup of interesting Government Accountability Office (GAO) protests released in March, we take a look at (1) the importance of having an adequate agency record; (2) the effect of asserting no data rights in a proposal; (3) the need for a protester to challenge the correct factors in its initial protest; and (4) ...›