SBA Proposes to Require the Rule of Two for Most Task and Delivery Order Competitions
Welcome to the Government Contracts Insights Blog
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.
Read about our Authors.
Never miss a post. Subscribe to get real-time updates.
- 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 proposed rule implements a recommendation the Office of Federal... ›
DoD Dusts Off Other Transactions (OT) Regulations
By: Tina D. Reynolds and Locke Bell
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 production OTs. The changes would bring the regulations up to date with the... ›Ninth Circuit Sits En Banc to “Tidy Up the Law” on the False Claims Act’s First-to-File Rule
By: J. Alex Ward and Victoria Dalcourt Angle
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 First-to-File Rule is not jurisdictional. In... ›Bid Protest Spotlight: Debriefings, Timeliness, Documentation
By: James A. Tucker
This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government Accountability Office and the U.S. Court of Federal Claims.... ›The FCA’s Qui Tam Provisions Under Fire
By: J. Alex Ward, Adam L. Braverman and Victoria Dalcourt Angle
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 provisions violate Article II of the... ›Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request
By: Alissandra Young McCann
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 addresses a different type of challenge: a solicitation challenge during the course... ›DoD Aligns with FAR on Sustainable Procurement
By: J. Alex Ward and Markus Gerhard Speidel
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 Sustainable Procurement. The rule, issued on August 15, 2024, became effective immediately.... ›Size Recertifications Following Mergers and Acquisitions: Coming Changes to the Small Business Regulations
By: Damien C. Specht, James A. Tucker and Alissandra Young McCann
In a significant new proposed rule , the Small Business Administration (SBA) proposes to alter a number of regulations, including those governing size recertifications following mergers and acquisitions. We have previously discussed (in this article and this article ) recent decisions of the SBA... ›Summertime Sadness for Mentor Protégé Joint Ventures
By: Alissandra Young McCann and Damien C. Specht
This summer has seen two notable updates that parties to mentor-protégé joint ventures (MPJVs) should be aware of. First , buried in a Notice that the U.S. Small Business Administration (SBA) issued on July 22, 2024, is a request for comments regarding updates that involve... ›FedRAMP to the Future
By: Tina D. Reynolds and Sandeep N. Nandivada
The Federal Risk and Authorization Management Program (FedRAMP), the program for authorization of cloud services for sale to the federal government that has been around since 2011, is getting an upgrade. On July 25, 2024, the Office of Management and Budget (OMB) issued a... ›