New Year, New Domestic Preference Restrictions: Trump Final Rule and Biden Executive Order
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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- Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many Federal procurements. The outgoing and incoming Administrations each took actions this January that will... ›
8(a): The Small Business Administration’s Program for Socially & Economically Disadvantaged Businesses (Guide 3 of 4)
By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke IkoSBA’s 8(A) BUSINESS DEVELOPMENT PROGRAM What is the 8(a) program and what is it intended to do? The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small minority-owned businesses compete in the wider American economy. See 13 C.F.R. Part... ›
Small Business Administration (SBA) Programs (Guide 2 of 4)
By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke IkoMany government programs exist to help small businesses—especially minority-owned small businesses—secure a foothold in government contracting. Read on to learn more about some common programs, the basic eligibility requirements, and how to register for them. These programs are quite complicated and you should consult... ›
Access to Capital-Funding Opportunities for Minority-Owned Businesses in Government Procurement (Guide 4 of 4)
By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke IkoCapital is the lifeblood of small businesses and fundamental to their formation and growth. However, obtaining capital can be difficult for minority-owned business enterprises (MBEs), as a lack of access to capital is one of the primary barriers for MBEs hoping to enter the... ›
Roadblocks Inherent to the Public Procurement Process for Minority-Owned Businesses (Guide 1 of 4)
By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke IkoIn the next four posts, we will share guides specific to federal contracting as a minority-owned small business. Minority-owned businesses often face unique challenges in the public procurement process due to systemic barriers embedded in the process. These barriers affect minority-owned business at all... ›
Companies Pay Criminal Penalties and Compensation for Undermining Competition
By: Tina D. Reynolds and Markus Gerhard SpeidelOn Tuesday, January 19, 2021, the Department of Justice announced charges against two providers of foreign language services for conspiracy to defraud the government on a multimillion dollar contract by impeding, impairing, obstructing, and defeating competitive bidding. The two companies, Comprehensive Language Center Inc.... ›
Top 10 International Anti-Corruption Developments for December 2020
By: James M. Koukios and Charles E. DurossIn 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 U.S. agency brought its first foreign... ›
The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope
By: Locke BellFederal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force , that the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) data rights clauses do not prohibit a contractor... ›
The Economic Aid Act and a Second Round of PPP Loans
By: Tina D. Reynolds and Damien C. SpechtThe Consolidated Appropriations Act of 2021, which became law on December 27, 2020, includes a second round of stimulus funding in the form of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act(the “Economic Aid Act”). Among many other measures, the Economic... ›
Top Cybersecurity Considerations for Government Contractors in 2021
By: Tina D. ReynoldsAlthough it was already apparent, recent events have made it even clearer that cybersecurity is an essential concern for government contractors. The coming year is poised to include many cybersecurity-related changes and developments. Below we highlight just a few: Continued Rollout of Department of... ›