April 22, 2021Small Business

Levels of Accountability: What Federal Contractors Should Know About Small Business Subcontracting Plans and Compliance Reviews

Every year, the U.S. federal government establishes goals for the awards of prime contracts and subcontracts to small business concerns. While agencies are responsible for achieving these goals by awarding prime contracts to small businesses, contractors that are “other than small” are obliged to ensure that the small business subcontracting goals are met. Contractors that ...›

U.S. Government Responds to SolarWinds Hack, Seeks to Establish New Norms for Cyber Espionage

After much anticipation and hints, the U.S. Government announced a series of measures to respond to recent Russian actions against the United States, including the SolarWinds intrusion campaign. The measures underscore that companies are not in a position and should not be left to defend against nation state actors on their own, and that the ...›

Protests and Litigation
April 5, 2021Protests & Litigation

March 2021 Bid Protest Roundup

This past month marked the release of multiple notable bid protest decisions. On an issue of first impression, the Federal Circuit in Safeguard Base Operations[1] held that the Court of Federal Claims (COFC) has jurisdiction over bid protests based on the implied-in-fact contract theory that the government must evaluate bids fairly. In both VS2, LLC,[2] ...›

April 1, 2021Coronavirus, Small Business

All Is Not Forgiven: PPP Forgiveness and Credits

On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled:  “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations:  What It Means for Government Contractors.”  The hearing focused specifically on the interplay between Paycheck Protection Program (PPP) loan forgiveness and Federal Acquisition Regulation (FAR) 31.201-5 ...›

Protests and Litigation
March 9, 2021Protests & Litigation

February 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a Federal Circuit decision clarifying the protest timelines applicable for triggering a stay of contract performance; and (3) a decision reaffirming the ...›

FCA
March 4, 2021False Claims Act

MoForecast Podcast: Predictions on the False Claims Act (FCA)

In this episode of MoForecast, James Koukios speaks with Government Contracts Co-chair Alex Ward and Investigations + White Collar partner Brian Kidd about what to expect in the False Claims Act (FCA) space under the Biden Administration. Brian Kidd recently joined the firm from the U.S. Department of Justice, where he most recently served as ...›

U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement

The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of thousands of government computers without using license-tracking software to monitor and limit the number of simultaneous users.  The court’s decision is significant, not only ...›