Government Contracts Insights

December 15, 2020 - Federal Procurement, National Security
Initial Thoughts on the 2021 NDAA’s Procurement Provisions
By: J. Alex Ward, W. Jay DeVecchio, James A. Tucker and Locke Bell
Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the procurement-related provisions that likely will remain
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September 17, 2020 - Acquisition Regulations, Federal Procurement, topics/undefined
Proposed Rule to Amend the Far’s Implementation of the Buy American Act
By: Damien C. Specht and James A. Tucker
Earlier this week, the FAR Council issued a proposed rule to implement President Trump’s Executive Order 13881. The Executive Order called for the expansion of the preference for domestic goods, products, and materials – particularly domestic iron and steel – in Federal procurements. If
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March 20, 2020 - Federal Procurement, Compliance, Coronavirus
Update: COVID-19/Coronavirus Webinar Series: Concerns for Government Contractors (MATERIALS)
By: J. Alex Ward
Updated to add final materials, which can be accessed here. Replays of the webinar can be accessed here. Please join Morrison & Foerster Government Contracts + Public Procurement practice co-chair Alex Ward , and partner Dan Chudd for a webinar concerning what government contractors
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March 05, 2020 - Federal Procurement, Labor & Employment, Defense, Compliance, Coronavirus
Coronavirus (COVID-19) Update: Keep Calm, Wash Your Hands, and Know Your Rights
By: Locke Bell
As the novel coronavirus, COVID-19, invades more and more of everyday life, the chance it will affect government contracts and government contractors becomes more and more likely. These effects might include workforce reductions from those out sick, travel restrictions, base closures, or telework. Indeed,
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February 13, 2020 - Federal Procurement, topics/undefined, Health Care
Trade Agreements Act Compliance: Federal Circuit Clarifies Country of Origin and Place of Manufacture Analyses
By: Damien C. Specht and James A. Tucker
A variety of arcane domestic-preference regimes apply to many Federal procurements – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment, and the Cargo Preference Act, to name a few. In Acetris Health, LLC v. United States , the Court
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November 11, 2019 - Federal Procurement, Compliance
DOJ Takes Aim at Collusion in Government Procurement with New Strike Force
By: Megan E. Gerking
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
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September 27, 2019 - Federal Procurement, Protests & Litigation, Defense, Compliance
DOD Promulgates Long-awaited Restrictions on LPTA Procurement
By: James A. Tucker
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
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July 23, 2019 - Acquisition Regulations, Federal Procurement, topics/undefined
President Issues New Domestic Preference Executive Order
By: Damien C. Specht and James A. Tucker
The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA). EO 13881 orders the Federal Acquisition Regulatory Council (FAR Council) within 180 days to “consider proposing”
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June 26, 2019 - Federal Procurement, Data Rights, Grants, Intellectual Property, Cybersecurity & Data Privacy
Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA
By: Tina D. Reynolds, James A. Tucker and Locke Bell
You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of Information request. In a reversal of long-standing
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March 01, 2019 - Federal Procurement, Defense, Compliance
Undefinitized Contract Action Proposed Rule
By: James A. Tucker
In the National Defense Authorization Acts for 2017 and 2018, Congress required the Department of Defense (DOD) to implement certain reforms for issuing and definitizing Undefinitized Contract Actions (UCAs). After a long delay, DOD has issued a proposed rule and requested comments from industry.
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