The Art of International Arbitration – October 2019 Pepper Conference Preview
Impacted by an acquisition where an unusually high number of protests were filed and sustained, the GAO’s sustain and effectiveness rates increased to 31 and 57 percent, respectively. The number of filed Government...more
The Department of Justice (DOJ) Civil Cyber-Fraud Initiative continues to raise the stakes for government contractors. This initiative uses the False Claims Act (“FCA”) to hold government contractors accountable for knowingly...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
The effectiveness rate increased to 51 percent. The number of filed Government Accountability Office (GAO) protests dropped another 12 percent, after dropping 12 percent in 2021....more
As many contractors know all too well, the System for Award Management (SAM) has had a rocky 2022 driven by the transition from the Data Universal Numbering System (DUNS) to the assignment of Unique Entity IDs (UEI) through...more
There have been significant delays in registering entities at SAM.gov, and that has been adversely impacting the ability of some federal contractors to respond to certain procurements/solicitations because FAR 4.1102(a)...more
Welcome to Jenner & Block’s Government Contracts Legal Round-Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
On July 6, 2022, the Small Business Administration (SBA) changed its rules for calculating size based on the number of employees from a 12-month calculation period to 24 months (87 Fed. Reg. 34094 (the Final Rule))....more
On April 26, 2022, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the FAR to include overseas contracts as part of agency small business contracting goals. This would allow...more
While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundup makes clear that the Federal Courts are business as usual, with three...more
The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders. Currently, FAR Part 16 only...more
The terms of a settlement that resolved antitrust litigation between the State of California and Sutter Health, the largest health system in Northern California, have now become public, almost two months after the settlement...more
On December 13, 2019, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule that will modify the procedures governing NLRB elections. The proposed rule will extend deadlines and add procedural...more
On Nov. 29, the Small Business Administration issued a final rule that will implement several provisions of the National Defense Authorization Acts of 2016 and 2017 and of the “RISE Act” of 2015, as well as other clarifying...more
On October 11, 2019, Pepper Hamilton will host an interactive seminar entitled “The Art of International Arbitration.” Matt Adler, partner and chair of Pepper’s International and Domestic Arbitration Practice Group, Maia...more
Is it just my generally biased view of online travel platforms or are regulators finally taking a hard look at the sometimes questionable practices of these channels? Enjoy....more
More than five years after Congress directed the Executive Branch to change the way small business contract performance requirements are calculated, the U.S. Department of Defense (DoD) and the Federal Acquisition Regulation...more
By memorandum dated June 7, 2018, Shay Assad, DoD’s Director, Defense Pricing/Defense Procurement and Acquisition Policy, has reversed decades of procurement practice that has been embraced by industry and the government...more
Almost all industrial manufacturers deal with machine shops in some form or another. A typical scenario is that a manufacturer will provide their print (or that of their customer) to a machine shop to fabricate a component...more
The California Attorney General recently filed a precedent-setting antitrust action against Sutter Health, the largest health system in Northern California (People of the State of California v. Sutter Health, Case No....more
Government contractors, so long as consistent with statute and regulation, should coordinate with the government regarding novation issues to best position themselves for acceptance of proposed novations....more
Carrier. UTC. Boeing. Swamp-draining rhetoric. While many ponder what America can expect from the next administration, one thing is clear – it appears to have its eyes on government contractors. However, it is important for...more
On August 26, 2015, the Trademark Office of The State Administration For Industry & Commerce of the People’s Republic of China (“TMO”) issued revised guidelines entitled Applications for Recordal of Licenses of Registered...more
The deadlines are approaching for non-renewal of administrative contracts. Administrator contracts are governed by Section 1229 of the School Code, MCL 380.1229, which contains two crucial deadlines for non-renewing an...more