FCPA
February 17, 2021Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for January 2021

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: Which countries had the best, and the worst, showings in Transparency International’s 2020 Corruption Perceptions Index? What new anti-corruption agency was ...›

February 9, 2021Protests & Litigation

January 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Law360 bid protest spotlight examines three recent protest decisions, each offering a cautionary tale to offerors in the stages prior to contract award.  The first, HWI Gear[i], emphasizes the requirement for small businesses undergoing an acquisition to recertify their size status on their pending proposals.  In the next, Perspecta[ii], the Court of Federal ...›

February 8, 2021Protests & Litigation

Stays of Performance During a GAO Bid Protest: Federal Circuit Says That Five Days After the Debriefing Date Means Five Days After the Debriefing Date

The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract performance in post-award protests to the Government Accountability Office (GAO). Last year, we briefly discussed an unusual ...›

Federal Procurement

NEW YEAR, NEW DOMESTIC PREFERENCE RESTRICTIONS: TRUMP FINAL RULE AND BIDEN EXECUTIVE ORDER

Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many Federal procurements. The outgoing and incoming Administrations each took actions this January that will cheer the hearts of many American manufacturers, while dismaying advocates of ...›

February 3, 2021Small Business

Access to Capital-Funding Opportunities for Minority-Owned Businesses in Government Procurement (Guide 4 of 4)

Capital is the lifeblood of small businesses and fundamental to their formation and growth. However, obtaining capital can be difficult for minority-owned business enterprises (MBEs), as a lack of access to capital is one of the primary barriers for MBEs hoping to enter the government contracting world. Access to capital and access to contracts form ...›

February 3, 2021Small Business

8(a): The Small Business Administration’s Program for Socially & Economically Disadvantaged Businesses (Guide 3 of 4)

SBA’s 8(A) BUSINESS DEVELOPMENT PROGRAM What is the 8(a) program and what is it intended to do? The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small minority-owned businesses compete in the wider American economy. See 13 C.F.R. Part 124 Do I Qualify? Eligibility checklist (get a preliminary assessment at ...›

February 3, 2021Protests & Litigation, Small Business

Small Business Administration (SBA) Programs (Guide 2 of 4)

Many government programs exist to help small businesses—especially minority-owned small businesses—secure a foothold in government contracting.  Read on to learn more about some common programs, the basic eligibility requirements, and how to register for them.  These programs are quite complicated and you should consult counsel if you have questions regarding whether you qualify.  Note: misunderstandings ...›

February 1, 2021Small Business

Roadblocks Inherent to the Public Procurement Process for Minority-Owned Businesses (Guide 1 of 4)

In the next four posts, we will share guides specific to federal contracting as a minority-owned small business. Minority-owned businesses often face unique challenges in the public procurement process due to systemic barriers embedded in the process. These barriers affect minority-owned business at all stages of the process—from solicitation and bidding to completion—and put these ...›

January 27, 2021Protests & Litigation

Companies Pay Criminal Penalties and Compensation for Undermining Competition

On Tuesday, January 19, 2021, the Department of Justice announced charges against two providers of foreign language services for conspiracy to defraud the government on a multimillion dollar contract by impeding, impairing, obstructing, and defeating competitive bidding. The two companies, Comprehensive Language Center Inc. (CLCI) and Berlitz Languages Inc. (Berlitz), have admitted to the charges. ...›

FCPA
January 21, 2021Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for December 2020

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: Which U.S. agency brought its first foreign bribery-related enforcement action? What major anti-corruption reforms were included in the ...›