DOD Promulgates Long-awaited Restrictions on LPTA Procurement

The Department of Defense (DOD) has promulgated the final rule restricting DOD’s use of Lowest Price Technically Acceptable (LPTA) acquisition methods. The final rule adopts, without any substantive changes, the proposed rule published last December and implements sections of the National Defense Authorization Acts for FY 2017 and 2018. The final rule can be found ...›

Federal Procurement
September 25, 2019National Security

Foreign Investment 2020 (Part 1): Key Takeaways from the “Modernized” CFIUS Regulations

After more than a year of anticipation, the U.S. Department of the Treasury has released proposed regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). These proposed regulations follow an initial round of FIRRMA-implementing regulations issued in October 2018, which most notably included the Committee on Foreign Investment in the United States (CFIUS) ...›

September 16, 2019Small Business

MoFo Webinar: Navigating Small Business and Disadvantaged Business Opportunities

On Wednesday, September 18, 1-2:30PM ET, MoFo partner Damien Specht and associate Ali Young will present a Clear Law Institute webinar titled “Navigating Small Business and Disadvantaged Business Opportunities.” The Federal Government gives many opportunities to small businesses, granting them more than $100 billion in contracts each year, and prime contractors contributing billions more in ...›

September 9, 2019Protests & Litigation

August 2019 Bid Protest Roundup

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 to deny a protest challenging an agency’s decision to withhold proprietary data from prospective ...›

September 6, 2019Cybersecurity & Data Privacy, Defense

Department of Defense’s Cybersecurity Maturity Model Certification Planning Moves Forward

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 has requested public comment. The CMMC process began early this year ...›

August 20, 2019Small Business

Five-Year Annual Receipts: Don’t Start Until SBA Says “Go!”

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 average for revenue-based small business size standards from three years to ...›

August 12, 2019Protests & Litigation

July 2019 Bid Protest Roundup

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 month’s bid protest roundup, however, will focus on three bid protest decisions that received ...›