What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors
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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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- On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (the “Order”). Although the Guidance recognizes that the Order is limited to only certain types of contracts, the Task Force strongly encourages... ›
SBA Issues Final Rule on Appeals Process for PPP Loan Review Decisions
By: Damien C. Specht, Alissandra Young McCann and Markus Gerhard SpeidelThe Small Business Administration (SBA) issued a final rule on Borrower Appeals of Final SBA Loan Review Decisions Under the Paycheck Protection Program on Thursday, September 16, 2021, that updates its interim final rule from August 27, 2020, and clarifies open issues. As we discussed... ›
New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities
By: Andrew R. TurnbullOn September 17, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued updated guidance (the “Guidance”) to federal agencies about COVID-19 safety protocols for employees of federal contractors and federal employees. While the Guidance is mostly targeted at COVID-19 vaccine and testing... ›
President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees
By: Andrew R. TurnbullOn September 9, 2021, President Biden issued a six-pronged Path Out of the Pandemic (the “Plan”) and Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”) that will require certain federal contractors and businesses with 100 or more employees to have... ›
Waivers of Minor Informalities, Meaningful Discussions, and a “Dreary Wreck” of a Procurement (August 2021 Bid Protest Roundup)
By: James A. TuckerIn this month’s Law360 Bid Protest Roundup , we consider three decisions released in August 2021. In the first case, the Government Accountability Office (GAO) considered and rejected a protester’s argument that an agency was required to waive or allow the offeror to correct a... ›
GAO Rules on Solicitation Requirements for Small Business Joint Venture Facility Security Clearances
By: Damien C. Specht and James A. TuckerIn an important new decision, InfoPoint LLC , B-419856, Aug. 27, 2021 , the Government Accountability Office (GAO) has sustained a protest against a Department of Defense (DOD) agency that insisted that small business joint venture offerors themselves were required satisfy a solicitation’s Facility... ›
FAR Councils Promulgate Final Rule Implementing SBA’s 2016 Revisions to the Limitations on Subcontracting Rule
By: James A. TuckerAfter a five-year wait, small business subcontracting rules that the Small Business Administration (SBA) promulgated in 2016 will finally appear in the Federal Acquisition Regulation (FAR) and new solicitations. Chief among the changes is the welcome implementation in the FAR of an updated rule allowing... ›
Proposed Rule for Tightening Buy American Act Restrictions
By: James A. TuckerWe previously commented on one aspect of the Trump Administration’s America-First policies that the Biden Administration has embraced wholeheartedly: doubling down on domestic preferences in Federal procurements. Consistent with the previous and current administrations’ policies, the FAR Councils recently released a proposed rule to tighten the... ›
JULY 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to contract interpretation, price realism analyses and post hoc extensions of proposal... ›
U.S. Congress Introduces Bill that Would Require Mandatory 24 Hour Cyber Breach Notification for Government Agencies, Contractors, and Operators of Critical Infrastructure
By: Tina D. ReynoldsThis week, U.S. Senator Mark Warner (D-VA), chair of the Senate Intelligence Committee, and a broad group of bipartisan co-sponsors, introduced legislation that would require government agencies, contractors, and operators of critical infrastructure to report cyber incidents to the U.S. Cybersecurity and Infrastructure Security... ›