Private Sector Directed to Be on Alert for Potential Russian Cyber Attacks
- As the Russian invasion of Ukraine becomes a protracted campaign, and as the United States and other countries impose sanctions and other penalties on Russia in response, the possibility of Russian cyberattacks directed at the West (or that spill from Ukraine) looms large. In... ›
January 2022 Bid Protest Roundup
By: Locke Bell
This month’s bid protest roundup begins with two decisions, one from the Small Business Administration’s Office of Hearings and Appeals (OHA) and another from the Government Accountability Office (GAO), highlighting potential pitfalls that await offerors that undergo a merger, acquisition, or other corporate transaction... ›Unavailable Key Personnel: Differing Legal Standards at the Gao and Court of Federal Claims
By: Damien C. Specht and James A. Tucker
An interesting new bid protest decision from the U.S. Court of Federal Claims articulates a rule for pre-award key personnel unavailability that is very different from the one employed by the U.S. Government Accountability Office (GAO). In Golden IT, LLC v. United States ,... ›Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts to Determine Which Arguments Succeed or Fail
By: J. Alex Ward and Krista A. Nunez
The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in which it blocked the Occupational Safety... ›Top Cybersecurity Considerations for Government Contractors in 2022
By: Tina D. Reynolds
The cybersecurity posture of government contractors was an area of intense focus and ongoing regulatory development for the federal government in 2021. The coming year will also include many anticipated cybersecurity-related changes and developments. To learn more, read our client alert.... ›December 2021 Bid Protest Roundup
By: Roke Iko
This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in the proposal process, (2) the requirements for an agency’s brand-name justification, and... ›A MoForward Warning Comes True: No Poach Enforcement Hits the Defense Industry
By: Lisa M. Phelan
At our annual MoForward event in October 2021, Lisa Phelan offered practical advice about avoiding U.S. Department of Justice (DOJ) criminal antitrust enforcement of “no poach” agreements, predicting the defense industry would soon become a target. Regrettably, Lisa’s prediction has come true. To learn... ›Harmonia Holdings: Denied Pre-Award Protest Rises from the Dead Five Months Later as a Post-award Protest
By: James A. Tucker
The U.S. Court of Appeals for the Federal Circuit has issued its long-awaited decision in Harmonia Holdings Group, LLC v. United States , vacating a bid protest decision the U.S. Court of Federal Claims rendered nearly two years ago. The new decision is an important... ›November 2021 Bid Protest Roundup
By: Krista A. Nunez
This month’s Law360 Bid Protest Roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC). These decisions involve (1) the consequences of key personnel unavailability that occurs during corrective action... ›GAO Finds CIO-SP4 Solicitation Is Unduly Restrictive of Competition
By: Damien C. Specht and James A. Tucker
The Chief Information Officer-Solutions and Partners 4 (CIO-SP4) procurement of the National Institutes of Health’s Information Technology Acquisition and Assessment Center (NITAAC) has garnered a great deal of attention. With confusion over evaluation criteria, a string of last-minute solicitation amendments and reversals, short extensions of... ›