New Small Business Regulation: Reliance on Past Performance Gained as a Subcontractor or Joint Venture Member
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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- The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go into effect on August 22, 2022, is a welcome implementation of requirements of... ›
EO 14055 Proposed Rules Require Successor Contractors to Once Again Offer First Right of Refusal to Predecessor Workers
By: Andrew R. Turnbull and Nicole E. GilesOn July 15, 2022, the U.S. Department of Labor (DoL) published a 160-page Notice of Proposed Rulemaking (NPRM) to implement Executive Order (EO) 14055 , “Nondisplacement of Qualified Workers Under Service Contracts,” seeking to once again require successor contractors to give a right of... ›
Chasing the FAR: DOD’s Buy American Act Final Rule
By: Markus Gerhard SpeidelRecently, the Department of Defense (DOD) issued a final rule that immediately implements President Trump’s Executive Order (E.O.) 13881 to maximize the government’s procurement of American-made goods, products, and materials under the Buy American Act (BAA) statute. The final rule conforms the DOD’s pre-existing... ›
June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo
By: Krista A. NunezThis month’s bid protest roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (“Court”). These decisions involve (1) the consequences of failing to scrutinize the terms of an indefinite-delivery indefinite-quantity... ›
Supreme Court to Consider Whether the Government Can Dismiss a False Claims Act Suit if It Opted Not to Intervene at the Outset
By: J. Alex Ward and Victoria Dalcourt AngleThe U.S. Supreme Court has agreed to consider whether the Government can dismiss a False Claims Act (“FCA”) lawsuit pursuant to 31 U.S.C. § 3730(c)(2)(A) over the Relator’s objections after initially choosing not to intervene in the case and, if so, what standard applies.... ›
Morrison Foerster Government Contracts Attorneys Recognized in Chambers USA 2022 Rankings
By: Kevin P. Mullen, Tina D. Reynolds, J. Alex Ward, David A. Churchill and W. Jay DeVecchioChambers USA 2022 has recognized Morrison Foerster’s Government Contracts and Public Procurement Practice and attorneys for their outstanding work. Our practice group was again one of only five groups in the country to be ranked as Band One Elite for government contracts. Read what clients are... ›
DoD Calls for Continued Flexibility in Contract Place of Performance
By: Markus Gerhard SpeidelIn a win for remote contractors, the U.S. Department of Defense (DoD) expressed its continued preference for remote work under its contracts. In a memorandum issued earlier this month, the Office of the Under Secretary of Defense (OUSD) asked contracting officers (COs) not to... ›
May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling
By: Alissandra Young McCannThis month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different helpful reminder for contractors. The Court of Federal Claims decision is a reminder... ›
SBA Finalizes Changes in How to Calculate Size for Various Programs
By: Damien C. Specht, James A. Tucker and Alissandra Young McCannEarlier this week, the U.S. Small Business Administration (SBA) issued a Final Rule adopting changes to how a concern calculates its number of employees for eligibility purposes in all of SBA’s programs, as well as how a concern calculates average annual receipts for SBA’s... ›
Five Million Reasons for Government Contracts Lawyers to Assist with the Acquisition of Companies That Perform Government Contracts
By: James A. Tucker, Damien C. Specht and Alissandra Young McCannDue diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that experienced government contracts attorneys be part of the due diligence... ›