OMB Proposes New Domestic Preference Requirements for Federally Funded Infrastructure Projects
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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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- On February 9, 2023, the Office of Management and Budget (OMB) issued a proposed rule that would subject all federally funded infrastructure projects to domestic preference requirements that are materially similar to the Buy American Act requirements applicable to many federal procurements. For purposes of... ›
Is Your Joint Venture Agreement Compliant with Current Sba Regulations and Current Case Law?
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The Small Business Administration’s (SBA) popular shields from affiliation for all-small and mentor-protégé joint ventures are powerful tools for helping small businesses succeed in the federal procurement marketplace. These tools, however, are subject to strict enforcement, iterative rule changes, and growing bodies of case law. To... ›January 2023 Bid Protest Roundup: Size Protests, Blue & Gold, Sole Source
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On Friday, January 13, the Supreme Court agreed to consider whether the False Claims Act (“FCA”) covers compliance lapses tied to regulatory interpretations that are incorrect but “objectively reasonable.” The Supreme Court granted petitions for writs of certiorari in two cases, United States ex... ›A Bluer Shade of Blue: All “outstandings” Are Not Created Equal
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A common mistake in competitive procurements is a mechanical fixation on the adjectival ratings, color ratings, or numerical “scores” a procuring agency assigns a proposal under a particular evaluation factor. In best value tradeoff acquisitions, one often hears (from both contractors and government personnel)... ›December 2022 Bid Protest Roundup: Misrepresentations of Key Personnel, Mandatory-Source Saga Continued
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This month’s Bid Protest Roundup considers two recent protests: (1) an important decision by the U.S. Government Accountability Office (GAO) concerning the awardee’s misrepresentation of the availability of key personnel, and (2) a U.S. Court of Federal Claims (COFC) protest on remand from the... ›Fifth Circuit Affirms Preliminary Injunction of Contractor Vaccine Mandate
A divided panel of the U.S. Court of Appeals for the Fifth Circuit on December 19, 2022, upheld a preliminary injunction of Executive Order 14042, halting the Biden administration’s effort to impose on federal contractors a variety of COVID-19 safety protocols. Over the dissent... ›November 2022 Bid Protest Roundup: Best-Value Tradeoffs, Solicitations
By: Markus Gerhard Speidel
Sometimes a comparison of cases best illustrates the law. This month we analyze a double pair of recent GAO decisions. First, in CharDonnay and Triple Canopy , we compare decisions dissecting the merits of best-value determinations. Second, in Orlans and Cellco , we contrast pre-award challenges to... ›THE GOVERNMENT CONTRACTOR: Unrecognized and Overt Pressure on Contractors' Data and Software Rights: Risks Posed by H Clauses, Innocuous Acronyms (IPT, IDE, SaaS, DAL), and The Cloud
What do you really know about the data and software rights your engineers may well be giving up every day through Integrated Data Environments, Integrated Products Teams, the Cloud and such? Probably not enough, suggests Jay DeVecchio in an article for The Government Contractor discussing... ›