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 ...›

January 19, 2021Small Business

The Economic Aid Act and a Second Round of PPP Loans

The Consolidated Appropriations Act of 2021, which became law on December 27, 2020, includes a second round of stimulus funding in the form of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act(the “Economic Aid Act”). Among many other measures, the Economic Aid Act further extends and revises the Paycheck Protection Program (“PPP”), ...›

Defense
January 19, 2021Defense, Intellectual Property

The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope

Federal contractors received some good news from the Federal Circuit this holiday season.  The court held, in Boeing Co. v. Secretary of Air Force, that the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) data rights clauses do not prohibit a contractor from applying its own proprietary markings to technical data in addition to ...›

January 11, 2021Cybersecurity & Data Privacy

Top Cybersecurity Considerations for Government Contractors in 2021

Although it was already apparent, recent events have made it even clearer that cybersecurity is an essential concern for government contractors.  The coming year is poised to include many cybersecurity-related changes and developments.  Below we highlight just a few: Continued Rollout of Department of Defense’s CMMC Program The Department of Defense (DoD) interim rule for ...›