Initial Thoughts on the 2021 NDAA’s Procurement Provisions
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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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- Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the procurement-related provisions that likely will remain... ›
November 2020 Bid Protest Roundup (Law360 Spotlight)
By: Alissandra Young McCannThis installment of our monthly Law360 bid protest spotlight examines three protest decisions from three different forums: one from the Government Accountability Office (GAO), one from the U.S. Court of Appeals for the Federal Circuit, and one from U.S. Court of Federal Claims (COFC).... ›
CIO-SP4 Draft RFP Implications for JV/Partnerships
By: Tyler J. Sewell, Damien C. Specht and James A. TuckerThe National Institute for Health Information Technology Acquisition and Assessment Center (NITAAC) released its draft request for proposals (the “Draft RFP”) for the new $40 billion Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Government-Wide Acquisition Contract (GWAC) (succeeding the popular CIO-SP3) earlier this year.... ›
A Rose by Any Other Name: Offeror Remained the Same Entity for Bidding Purposes Despite Converting From a Corporation to a Limited Liability Company
By: Damien C. Specht and James A. TuckerWe have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement. In numerous bid protest decisions, the U.S. Government Accountability Office (GAO) has sketched the outlines... ›
Deadline Fast Approaching for DoD Contractors and Subcontractors to Report Cyber Compliance
By: Tina D. ReynoldsAs we previously reported, the Department of Defense (DoD) has issued an interim rule that requires all contractors and subcontractors that store, process, generate, transmit or access “covered defense information” to conduct a self- assessment of compliance with NIST SP 800-171 using the DoD... ›
New Small Business Rules: 8(a) Program
By: Damien C. Specht and Alissandra Young McCannAs we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow when contracting with small businesses. These changes went into effect on November... ›
Small Business Participation In Government Contracts: Why It’s Important, How To Qualify, Benefits To Enjoy, And Traps To Avoid
By: Tina D. Reynolds, Victoria Dalcourt Angle and Roke IkoIn fiscal year 2019, federal agencies awarded $132.9 billion in contracts to small businesses. This is a reflection of policy goals, as Congress and federal agencies have long worked to provide business opportunities to small business concerns through federal contracts and subcontracts. The Federal... ›
October 2020 Bid Protest Roundup (Law360 Spotlight)
By: Sandeep N. NandivadaIn the latest installment of our bid protest spotlight ( featured on Law360 ), we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a contract award. In Chronos Solutions, LLC , the GAO held it... ›
Breaking DOD’s Code: How to Figure Out and Resist What DOD Really, Truly Wants to Do to Your Data Rights
By: W. Jay DeVecchioYour rights in technical data and software are at greater risk today than at any time during the last 25 years. The Department of Defense (“DOD”) is proposing the authority to rewrite commercial software licenses in ways never before seen and guaranteed to be... ›
New Small Business Rules: Capabilities of Small Business Joint Venture Members and First-Tier Subcontractors
By: Damien C. Specht and James A. TuckerAs we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow when contracting with small businesses. These changes will go into effect on... ›