DOJ Cyber-Fraud Initiative Highlights Potential Civil Liability for Failing to Meet Federal Cybersecurity Requirements
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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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- The Department of Justice (DOJ) has created a new Civil Cyber-Fraud Initiative to use the power of the False Claims Act (FCA) to initiate suits against federal contractors and grant recipients that fall short of their regulatory and contractual cybersecurity obligations. This initiative, announced... ›
September 2021 Bid Protest Roundup
By: Alissandra Young McCannThis month’s Law360 Bid Protest Roundup focuses on one recent U.S. Court of Federal Claims decision, as well as two Government Accountability Office (GAO) decisions. All three involve solicitations issued by the Department of Veterans Affairs (VA), but each serves as a different, important reminder... ›
Where Can You Protest an Other Transaction Award? Insights from Kinemetrics
By: Locke Bell and Krista A. NunezAs federal agencies, and the Department of Defense in particular, increasingly allocate greater amounts of their annual budgets to nontraditional contracting arrangements generally known as other transactions (“OTs”) or other transaction agreements (“OTAs”), a common question continues to come up: “We just lost a significant... ›
Overview of Prior Guidance for PPP Loans
By: Tina D. Reynolds and Damien C. SpechtThe Paycheck Protection Program (“PPP”) began with rushed legislation and a race for financial support in the middle of a pandemic. This race was hardly a straight line as the Small Business Administration (“SBA”) and the U.S. Department of the Treasury scrambled to build... ›
What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors
By: Andrew R. TurnbullOn 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... ›