January 6, 2021Protests & Litigation

December 2020/Annual Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight examines four recent protest decisions from the U.S. Government Accountability Office (“GAO”), discusses a few key takeaways from the GAO’s annual report, and provides a year-end review of key bid protest decisions from 2020. This year’s GAO report is particularly interesting because the “effectiveness rate,” which ...›

January 5, 2021Acquisition Regulations

MoFo Law Clerk Co-Authors Contract Management Article on Sustainable Procurement

MoFo law clerk Markus Speidel co-wrote an article for National Contract Management Association’s Contract Management magazine with George Washington University Law School Professor Steven Schooner. The article, titled “‘Warming Up’ to Sustainable Procurement,” discusses how the procurement community can address climate change via sustainable procurement. The authors pose that government action is required to combat ...›

FCPA
December 16, 2020Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for November 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: How will the election of Joe Biden as president of the United States impact Foreign Corrupt Practices Act (FCPA) enforcement? How ...›

December 8, 2020Protests & Litigation

November 2020 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight examines three protest decisions from three different forums: one from the Government Accountability Office (GAO), one from the U.S. Court of Appeals for the Federal Circuit, and one from U.S. Court of Federal Claims (COFC). In Mayatech Corp., the GAO addressed its jurisdiction to hear bid ...›

November 30, 2020Small Business

CIO-SP4 Draft RFP Implications for JV/Partnerships

The National Institute for Health Information Technology Acquisition and Assessment Center (NITAAC) released its draft request for proposals (the “Draft RFP”) for the new $40 billion Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Government-Wide Acquisition Contract (GWAC) (succeeding the popular CIO-SP3) earlier this year.  The final solicitation is anticipated to be released soon, with proposals ...›

November 24, 2020Protests & Litigation

A Rose by Any Other Name: Offeror Remained the Same Entity for Bidding Purposes Despite Converting From a Corporation to a Limited Liability Company

We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement.  In numerous bid protest decisions, the U.S. Government Accountability Office (GAO) has sketched the outlines of when a transaction does, and when it does not, call ...›

November 23, 2020Small Business

New Small Business Rules: 8(a) Program

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow when contracting with small businesses. These changes went into effect on November 16, 2020. You can read our high-level summary of the rule here, ...›

November 23, 2020Cybersecurity & Data Privacy

Deadline Fast Approaching for DoD Contractors and Subcontractors to Report Cyber Compliance

As we previously reported, the Department of Defense (DoD) has issued an interim rule that requires all contractors and subcontractors that store, process, generate, transmit or access “covered defense information” to conduct a self- assessment of compliance with NIST SP 800-171 using the DoD Assessment Methodology.  Contractors must post their self-assessment scores on the Defense ...›

November 16, 2020Small Business

Small Business Participation In Government Contracts: Why It’s Important, How To Qualify, Benefits To Enjoy, And Traps To Avoid

In fiscal year 2019, federal agencies awarded $132.9 billion in contracts to small businesses. This is a reflection of policy goals, as Congress and federal agencies have long worked to provide business opportunities to small business concerns through federal contracts and subcontracts. The Federal Government does this through specialized small business contracting programs, some of ...›