Back to the Drawing Board: Far Councils Withdraw Long-delayed Proposed Rule for Lower-tier Small Business Subcontracting Credit
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.
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- Some of you may recall the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 from nearly a decade ago. It amended the Small Business Act (SBA) to allow a contractor, under certain circumstances, to receive credit towards its subcontracting plan goals for awards... ›
February 2023 Bid Protest Roundup: Lessons For Joint Ventures
By: Alissandra Young McCannThe common theme of this month’s Law360 Bid Protest Roundup is a seemingly hot topic these days: joint ventures. One recent Government Accountability Office (“GAO”) decision and one recent U.S. Court of Federal Claims (“COFC”) decision both touch upon past performance issues related to joint... ›
UK Procurement Bill: Pursuing Simple and Accountable Procurement
By: Alistair MaughanThe UK is pressing ahead with a reform to its government procurement laws that will diverge from the harmonized EU procurement regime that applied in the UK pre-Brexit. The proposals are intended to create a more transparent approach. Whether a different but simplified process... ›
SAM.gov Is Changing – Make Sure You’re Keeping Up
By: Damien C. Specht and Locke BellThe System for Award Management website (SAM.gov) recently changed its registration and update process, and the feedback we’ve heard from clients is that it is slow – even for entities that are simply renewing an existing registration. As SAM delays can cause payment delays, the... ›
Joint Venture Member Experience: “Considering Each Member” vs. “Considering Either Member”
By: Damien C. Specht and James A. TuckerThe Government Accountability Office (GAO) has issued an important new decision in the protest of AttainX,Inc ., B-421216, B-421216.2, Jan. 23, 2023, 2023 WL 1860802. The decision addresses how agencies must evaluate the prior experience and past performance of joint venture members when a... ›
OMB Proposes New Domestic Preference Requirements for Federally Funded Infrastructure Projects
By: Damien C. Specht and Markus Gerhard SpeidelOn February 9, 2023, the Office of Management and Budget (OMB) issued a proposed rule that would subject all federally funded infrastructure projects to domestic preference requirements that are materially similar to the Buy American Act requirements applicable to many federal procurements. For purposes of... ›
Is Your Joint Venture Agreement Compliant with Current Sba Regulations and Current Case Law?
By: Damien C. Specht, James A. Tucker and Alissandra Young McCannThe Small Business Administration’s (SBA) popular shields from affiliation for all-small and mentor-protégé joint ventures are powerful tools for helping small businesses succeed in the federal procurement marketplace. These tools, however, are subject to strict enforcement, iterative rule changes, and growing bodies of case law. To... ›
January 2023 Bid Protest Roundup: Size Protests, Blue & Gold, Sole Source
By: Lyle F. HedgecockSince the January Bid Protest Roundup marks the beginning of February, we begin with a takeaway that needs no supporting authority beyond common sense: if you have not already done so, get your Valentine’s Day gift now. And, like a box of chocolates desperately... ›
Sixth Circuit Follows Suit in Affirming Preliminary Injunction of Contractor Vaccine Mandate
By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez, Roke Iko and Adam L. SorensenOn January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit joined the Fifth and Eleventh Circuits in upholding a preliminary injunction against the enforcement of the Biden Administration’s effort to impose on federal contractors a variety of COVID-19 safety-related protocols, including... ›
Supreme Court to Consider the False Claims Act’s Intent Standard
By: Victoria Dalcourt Angle, J. Alex Ward, Adam L. Braverman and Joseph R. PalmoreOn Friday, January 13, the Supreme Court agreed to consider whether the False Claims Act (“FCA”) covers compliance lapses tied to regulatory interpretations that are incorrect but “objectively reasonable.” The Supreme Court granted petitions for writs of certiorari in two cases, United States ex... ›