FCPA
February 13, 2019Foreign Corrupt Practices Act

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. This month we ask: Which countries rose and which fell in this year’s Transparency International Corruption Perceptions Index? What new corruption laws ...›

February 12, 2019Protests & Litigation

January 2019 Bid Protest Roundup

Despite the shutdown that impacted much of the federal government for the month, the Government Accountability Office (GAO) was fully funded and issued several decisions of note in January, including its decision in Wyle regarding the impact of transactions on pending procurements, which we wrote about in another post here.  This month’s roundup addresses three ...›

February 5, 2019Compliance, M&A, Protests & Litigation

In Wyle, the GAO Gives Another Reminder of Risks Associated with Pending Procurements During a Transaction

Although there are often significant rewards associated with transactions among government contractors, the transactions require careful planning and coordination.  Even then, there is a fair amount of risk during the process: the novation process (when required) is discretionary; the seller may have undisclosed violations of procurement law; organizational conflicts of interests may preclude the buyer ...›

Defense
January 25, 2019Compliance, Defense, Protests & Litigation

Who Bears the Risks of War?

On the eve of the Vicksburg campaign in October 1862, Abraham Lincoln instructed Ulysses S. Grant, “Follow law, and forms of law, as far as convenient.”  In a war zone, Lincoln seemed to recognize, there may be some uncertainty in the application of the law.  Unfortunately, that uncertainty also seems to apply to contractors’ claims ...›

Federal Procurement
January 8, 2019Federal Procurement, National Security

Senate Bill Demonstrates Continued Interest in the Federal Acquisition Supply Chain

For years, United States security agencies have recognized a threat to government information technology systems posed by contractor supply chains. The Government has struggled, however, to balance national security assessments of a contractor’s supply chain (which may include classified or otherwise sensitive information) against policies that favor transparency and competition. In many cases, a potential ...›

January 7, 2019Protests & Litigation

2018 Protest Roundup

In this post, we not only provide our regular recap of key protest decisions from December 2018, but also discuss some of the key decisions from 2018 as well as a few take-aways from the GAO’s Fiscal Year 2018 report on its bid protest decisions. GAO Report on Fiscal Year 2018 The GAO’s busy workload ...›

December 21, 2018Government Shutdown

Contractors Should Prepare for Potential Shutdown

Editor’s Note: What’s old seems to be new again. We wrote the below post 11 months ago. Though the date has now changed from January 19 to December 21, the information is pertinent once again for contractors wondering what to do in the event of a government shutdown affecting your customer agencies. As Congress and ...›

December 20, 2018Small Business

UPDATE: Small Business Runway Extension Act of 2018

The Small Business Runway Extension Act of 2018 is now law.  As we discussed in a previous post, the Act changes the look-back period for calculating gross annual receipts from three to five years for purposes of determining size.  In the coming year the Small Business Administration will likely promulgate implementing regulations interpreting the new ...›