August 2019 Bid Protest Roundup
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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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- This installment of our monthly bid protest Law360 spotlight takes a look at three protest decisions from August, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. The first examines the Government Accountability Office’s (“GAO”) decision... ›
Department of Defense’s Cybersecurity Maturity Model Certification Planning Moves Forward
By: Tina D. Reynolds
The Department of Defense (DoD) has taken another step on the path toward full implementation of its Cybersecurity Maturity Model Certification (CMMC) initiative. On September 5, 2019, the Office of the Assistant Secretary of Defense for Acquisition released version 4 of the CMMC and... ›Five-Year Annual Receipts: Don’t Start Until SBA Says “Go!”
By: Damien C. Specht
Absent further action by the Small Business Administration (“SBA”) Office of Hearings and Appeals or a Federal Court, the GAO has effectively ended the argument as to whether the Small Business Runway Extension Act of 2018 (“Runway Extension Act”) immediately changed the annual receipt... ›Top 10 International Anti-Corruption Developments for July 2019
By: James M. Koukios and Charles E. Duross
In 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 leadership changes were made in the... ›July 2019 Bid Protest Roundup
By: Locke Bell
Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. This month saw some high-profile bid protest decisions. This... ›New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology
By: Charles L. Capito
The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) implementing... ›Highlights From the Currently Stalled Small Business Administration Reauthorization and Improvement Act of 2019
By: Damien C. Specht and Alissandra Young McCann
Last month, Senator Marco Rubio, Chairman of the Senate Committee on Small Business and Entrepreneurship, released the Chairman’s mark to the Small Business Administration (SBA) Reauthorization and Improvement Act of 2019 (the “SBA Reauthorization Act”). This legislation aims to modernize and streamline SBA programs,... ›DOD’s Other Transactions: Data Rights & Intellectual Property Simplified
How To Handle Intellectual Property Rights In OTs: The Department of Defense is actively pursuing “Other Transactions” (OTs) instead of procurement contracts. This allows DOD and its contractors to avoid many of the most burdensome aspects of the procurement regulations. But it also allows... ›“Mistake” In Government Contracts
By: James A. Tucker
Everyone knows that “ignorance of the law is no excuse.” But what about ignorance of the facts? In Woodies Holdings, L.L.C. v. United States , the Court of Federal Claims recently rejected a Government defense against a contractor claim and an affirmative counter-claim based... ›President Issues New Domestic Preference Executive Order
By: Damien C. Specht and James A. Tucker
The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA). EO 13881 orders the Federal Acquisition Regulatory Council (FAR Council) within 180 days to “consider proposing”... ›