Venture Capital Investment in a Small Business? Know the SBA rules first.
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.
- 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 backing have used programs like the Small Business Innovation... ›
October 2023 Bid Protest Roundup: Instructions, Jurisdiction, Scrutiny
By: Michaela E. ThorntonThis month, we feature three bid protest decisions—two from the U.S. Government Accountability Office (“GAO”) and one from the U.S. Court of Federal Claims (“COFC”). Though each of these decisions focuses on a different fundamental point of procurement law, all share a common theme: they... ›
National Security and Government Contractor Implications of Biden AI Executive Order
By: Tina D. Reynolds, Charles L. Capito, Brandon L. Van Grack and Lyle F. HedgecockThe 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 (the “EO”) addresses a multitude of issues reflecting an emerging national policy on AI. This article... ›
Merge, Acquire . . . Voluntarily Self-Disclose?
By: Nathaniel R. Mendell, Carrie H. Cohen, Edward A. Imperatore, James M. Koukios, Stacey M. Sprenkel and Sheryl Janet GeorgeEarlier this month, Deputy Attorney General Lisa O. Monaco announced an important extension of DOJ’s voluntary self-disclosure policy aimed specifically at incentivizing companies engaged in mergers and acquisitions “to timely disclose misconduct uncovered during the M&A process.” Monaco said that the Department’s goal in rolling... ›
September 2023 Bid Protest Roundup: Limits to Agency Discretion in Challenge to NAICS Code Assignments, Confines of the Close-at-Hand Principle
By: Roke IkoThis 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 proper application and discretionary nature of the so-called close-at-hand principle. Consolidated... ›
Timeliness Traps: Adverse Action Before Receipt of a Written Agency-Level Protest Decision
By: James A. TuckerIn the right circumstances, an agency-level protest can be a quick and efficient way to address certain procurement errors, as we discussed a few years ago. One downside of agency‑level protests, however, is their potential for creating doubt or confusion about the deadline for... ›
SBA Updates Its Regulations on Lower-Tier Small Business Subcontracting Credit
By: James A. Tucker, Damien C. Specht and Alissandra Young McCannThe Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act for Fiscal Year 2020. Most Federal contracts performed in the United States require... ›
Definitive Guidance on Facility Security Clearances for Small Business Joint Ventures
By: James A. Tucker, Damien C. Specht and Charles L. CapitoThe Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or EEDs) work for joint ventures. As we have discussed before, the SBA regulations for a... ›
The FAR Council’s Proposed Cybersecurity Overhaul: Lots of Questions, but Only Some Answers
By: Tina D. Reynolds and Sandeep N. NandivadaIn what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)—issued two proposed rules on October 2, 2023. If implemented, the... ›
August 2023 Bid Protest Roundup: Former Government Employees; Buy American Act Waivers
By: James A. TuckerThis month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might provide an unfair competitive advantage. The second decision considers the restrictions imposed... ›