New Small Business Rules: Capabilities of Small Business Joint Venture Members and First-Tier Subcontractors
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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- As 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... ›
New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority
By: J. Alex Ward and Kathy C. WeinbergThe Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting at the Office of the Under Secretary of Defense. The DCMA... ›
SBA Issues Wide-Ranging Final Rule Addressing Government Contracting Programs
By: Damien C. Specht and James A. TuckerThe Small Business Administration (SBA) today issued a significant final rule addressing numerous issues of interest to Federal contractors. With one exception, the rule will take effect on November 16, 2020. We anticipate addressing the more important changes in greater detail in the coming... ›
Top 10 International Anti-Corruption Developments for September 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: What made September 2020 such a busy... ›
U.S. District Court for the District of Columbia Finds That Alleged Cybersecurity Vulnerability Is Not Material Under False Claims Act
By: Tina D. Reynolds and Victoria Dalcourt AngleIn a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act (FCA) suit, finding that the relator both failed to... ›
September 2020 Bid Protest Roundup (Law360 Spotlight)
By: Caitlin A. CrujidoThis month’s bid protest roundup ( featured on Law360 ) examines three recent decisions by the Government Accountability Office (GAO). The first, Sumaria Systems, Inc. , evaluates whether an agency’s use of the highest technically rated, reasonably priced offeror methodology violates the Federal Acquisition... ›
SBA Issues Additional Guidance on PPP Loans and Change of Ownership
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCannWe have received questions from a number of clients about whether SBA’s consent is required for a change of control involving a Paycheck Protection Program borrower. On October 2, SBA provided additional guidance that clarifies: 1. No consent is required (unless loan documents indicate... ›
MoForward 2021 — Annual Government Contracts ProgramPlease join us for our annual MoForward event, which will be presented this year as a series of 10 live webinars starting Monday, October 5 and ending Friday, October 9. In order to register, click here and then click on the program titles to... ›
Department of Defense Issues CMMC Interim Rule, Setting up a Two-Part Process for Review of Contractor IT Systems
By: Tina D. ReynoldsOn September 29, 2020, the Department of Defense (DoD) issued a long-anticipated interim rule implementing its Cybersecurity Maturity Model Certification (CMMC) program. The rule introduces a new mandatory construct, the DoD Assessment Methodology, to serve as an interim certification process before contractors undergo a... ›
President Trump Issues Executive Order Banning Federal Contractors from Race and Sex Stereotyping Training
By: Andrew R. Turnbull and Locke BellOn September 22, 2020, President Trump signed an Executive Order on Combatting Race and Sex Stereotyping (the “EO”), prohibiting federal contractors and certain federal grant recipients from holding diversity and EEO training for their workforce that includes “divisive concepts,” such as training employees that... ›