Welcome to issue 17 of our ‘Government Contracts Legal Round-Up’, where we provide biweekly updates on the latest developments in government contract law. Our round-up serves to equip legal, compliance, contracting, and business executives within the world’s largest corporations and law firms with concise summaries of key developments. Like every update, we strive to bring…
The latest volume of Hogan Lovells: Bid Protest Digest delves into critical legal principles pertaining to the complex world of bid protests. Details have been unveiled in decisions from the U.S. Court of Federal Claims (COFC) and the U.S. Government Accountability Office (GAO), which set the stage for a plethora of legal practices among corporations…
The Small Business Administration (SBA) has recently issued a final rule amending its regulations concerning lower-tier small business subcontracting credit. This significant development is intended to align with statutory changes introduced in the National Defense Authorization Act (NDAA) for Fiscal Year 2020. The aim of the rule change is to encourage larger contractors to utilize…
Eric Ransom recently returned to Crowell & Moring as a partner in their government contracts group. As part of his role, Ransom will deliver strategic advice regarding procurement laws, regulations, best practices, and their relationship with artificial intelligence and defense technologies. Prior to his newly reinvigorated partnership at Crowell & Moring, Ransom was assigned significant…
In this era of increasingly intricate government contracts, it is crucial for legal professionals dealing with such matters to familiarize themselves with the complexities of the Federal Acquisition Regulation (FAR) cost principles. As we pivot back to the Cost Corner this March, we aim to offer practical insights into the convoluted cost and pricing requirements…
The Federal Acquisition Regulatory (FAR) Council released two notable proposals on October 3, 2023, which are likely to usher in significant changes to the duties of government contractors in terms of cybersecurity. The implications of these proposed changes are potentially far-reaching, and it is crucial for legal professionals dealing with government contracts to acquaint themselves…
On September 29, the Small Business Administration (SBA) announced that it will reopen its Certify portal to new applicants seeking admittance into the SBA 8(a) program, a critical announcement that underscores the commitment of the SBA to foster small-business growth. The SBA 8(a) program is a business development program established to aid socially and economically…
The latest development in compliance enforcement comes as the Department of Justice (DOJ) has solidified its precedent of using the False Claims Act (FCA) to maintain cybersecurity standards. This reaffirmation came on September 5, 2023, when the DOJ announced its FCA settlement with Verizon Business Network Services, LLC evidenced this trend. The DOJ’s action was…
In the fiercely competitive political arena of the 2023 elections, maintaining compliance with pay-to-play regulations remains a pressing concern for corporations seeking or currently holding state and local government contracts. As the elections are just over a month away, these businesses have hopefully been diligently educating their directors, officers, and other personnel about the significance…
On July 19, 2023, significant implications were made apparent on the U.S. Small Business Administration (SBA)’s 8(a) Business Development program. The U.S. District Court for the Eastern District of Tennessee in the Ultima Services Corp. v. U.S. Department of Agriculture case imposed an injunction on the SBA. It prevented the SBA from determining federal contractor…
Understanding bid protests is essential in the ever-evolving world of corporate legal practice. With the end of the federal fiscal year approaching, the number of contract awards tends to spike, leading to an increase in protests opposing those decisions. Whether you’re already involved in a bid protest or anticipate being part of one, you’re part…
UpSlope Advisors, Inc., a firm known for its strategic and operational insights, has made waves in the sector by taking a stand regarding what they perceive as an unfair procurement process. They have lodged an explicit protest against a decision made by the United States Transportation Command (USTRANSCOM), arguing that the award of a contract…
As the clock nears 12:01 am on October 1, 2023, commercial companies with government contracts are bracing for potential disruptions due to a looming government shutdown. Informed on September 28, 2023 about the shutdown’s imminence, these organizations find themselves in a situation fraught with uncertainty. Times like these, often marred with confusion about rights and…
Welcome back to our coverage of the Truth in Negotiations Act (TINA), also colloquially referred to as Government Contracts Cost and Pricing. After two comprehensive articles on this topic, we now turn our attention to the Defense Contract Audit Agency (DCAA) audits in relation to TINA, and how governmental contractors can ensure compliance with these…
In anticipation of a potential government shutdown, contractors around the world are grappling with the implications this might have on their operations and are in dire need of a strategy to navigate the enigmatic terrain that lies ahead. Fret not, law professionals, as firms such as Holland & Knight LLP have once again risen to…
As we approach the end of the fiscal year, the federal contracting community finds itself once again under the shadow of a potential government shutdown. With federal funding set to dry up on September 30 and increasing tensions within the House, the likelihood of a shutdown is intensifying. In the face of such possible disruptions,…
August 2023 has proven to be a significant month with two noteworthy GAO protests. Legal professionals around the globe, particularly those working with or within corporate entities interested in government contracts, must take notice of these pivotal findings. One of the protests brought forth explores the risks that come with the use of former federal…
The United States’ antiboycott laws and regulations date back to the disco era, a time when the legal landscape was quite different from today’s fast-paced world of sanctions and export controls. Despite the swift changes we often see in these areas, updates to the antiboycott regulations or enforcement strategies have been rare until recently. Last…
The legal landscape surrounding sovereign and derivative immunity in government contracts offers a complex, yet vital, framework for individuals and corporations interacting with government entities. It’s an area that continually tests the boundaries of jurisdiction and constitutionality under certain circumstances. As outlined in a recent post by Kristi Morgan Aronica from Weitz Morgan PLLC, which…
The second week of September brought crucial developments to the legal landscape involving Government Contracts and Commercial Businesses. Cinching the spotlight, the Department of Defense (DOD) faced a wake-up call with a pivotal report from the Government Accountability Office (GAO) regarding its service contracts. In a report submitted on September 7, 2023, The Government Accountability…
The Australian government has announced plans to consider the quantity of pro bono work conducted by law firms when making decisions on work allocations. The policy shift suggests that firms’ commitment to pro bono work could play a significant role in securing government contracts. Undertaking pro bono work may become an important business strategy for…
In recent times, the intersection of fundamental research and national security has attracted attention and changes in legislation. The gravity of this subject was recently explored in an article published on JD Supra. According to the JD Supra report, the National Center for Science and Engineering Statistics (NCSES) states that the U.S. research universities’ scientific…
The Equal Employment Opportunity Commission (EEOC) has officially announced the date for the 2022 EEO-1 Component 1 data collection. The process is set to begin on Tuesday, October 31, 2023 according to a statement published on September 1, 2023. In addition to this, EEOC has also stated the final day for employers to file their…
Good news for corporate legal departments across the United States: the Equal Employment Opportunity (EEO-1) report deadline for 2022 has officially been announced. Data collection will begin on Tuesday, October 31, 2023, and employers will have until Tuesday, December 5, 2023, to file their reports, according to a recent announcement by Jackson Lewis P.C. Many…
In the realm of government contracts and litigation thereunto, the United States Court of Appeals for the Federal Circuit has provided some clarity on a critical issue. The court holds that the “sum certain” requirement for Contract Disputes Act (CDA) claims against the government is a nonjurisdictional rule, and as such, this requirement is subject…