December 9, 2019Small Business

SBA’s Long-Awaited Implementation of the Runway Extension Act Is Finally Here

For many small business government contractors, the winter holidays came early on December 5, 2019, when the Small Business Administration (“SBA”) issued its final rule adjusting its regulations on the calculation of average annual receipts in small business size determinations for revenue-based size standards. Since Congress passed the Small Business Runway Extension Act of 2018 ...›

December 6, 2019Protests & Litigation

November 2019 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly bid protest Law360 spotlight examines four protest decisions released in November 2019.  In Inserso, GAO clarifies that a technical acceptability requirement is not equivalent to a lowest-price technically acceptable procedure.  In Chromalloy, the Court of Federal Claims decided that the technical requirement of an intellectual property license from a third ...›

MoFo’s Kevin Mullen to Speak at PubKGroup’s Annual Review 2019

On Thursday, December 12, 2019, Morrison & Foerster Government Contracts practice Co-Chair Kevin Mullen will once again be a featured speaker at PubKGroup’s Annual Review 2019 webinar. The program will feature over 20 speakers from government, industry, and private practice to speak on the latest legislative and regulatory developments in contracts law. Kevin will moderate ...›

November 25, 2019Protests & Litigation

GAO Bid Protest Statistics for FY 2019

The Government Accountability Office (GAO) has released its report on bid protest statistics for Fiscal Year 2019. As in past years, the GAO’s figures count supplemental protests by the same protester and other parties’ protests of the same procurement as separate cases. This means a few heavily challenged procurements can result in numbers that may ...›

November 21, 2019National Security

Foreign Investment 2020 (Part 4): Who’s In, Who’s Out, and Why It Matters

This is the fourth in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). One of the most anticipated changes in FIRRMA is the concept of a “white list” of ...›

November 14, 2019Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for October 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we’ve summarized 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 new U.S. Department of Justice (DOJ) guidance affect cash-strapped companies seeking to resolve criminal matters? What ...›

November 12, 2019Labor/Employment

In a Long-Anticipated Move, the Trump Administration Revokes Executive Order 13495, Giving Service Contractors More Flexibility when Hiring Predecessor Contractor Employees

On October 31, 2019, the Trump Administration revoked Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts (“EO 13495”), removing the requirement for federal service contractors to offer employment to employees of predecessor contractors. Issued by President Obama on January 30, 2009, EO 13495 required federal contractors awarded contracts covered by the McNamara-O’Hara Service ...›

November 11, 2019Compliance, Federal Procurement

DOJ Takes Aim at Collusion in Government Procurement with New Strike Force

On November 5, 2019, the Department of Justice (DOJ) announced the creation of a new Procurement Collusion Strike Force (PCSF) focused on deterring, detecting, investigating, and prosecuting antitrust crimes, especially bid-rigging, in government procurement at the federal, state, and local levels.  This follows several criminal indictments in the past year of bid rigging among government ...›

November 11, 2019Protests & Litigation

October 2019 Bid Protest Round-Up

This installment of our monthly bid protest Law360 spotlight examines three protest decisions released in October 2019.  In the first decision, Akira Technologies, Inc. v. United States, COFC No. 19-1160C (Fed. Cl. Oct. 10, 2019), the Court of Federal Claims (COFC) concluded that it does not have jurisdiction to review task order modifications.  In the ...›