Nearly a year ago, the National Defense Authorization Act for Fiscal Year 2024 directed the Department of Defense (DOD) to amend the Defense Federal Acquisition Regulation Supplement (DFARS) no later than July 1, 2024, “to…
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/ Administrative Law, Business Organizations, Commercial Law & Contracts, Government Contracting
This month’s Bid Protest Roundup highlights three recent protests: one from the U.S. Government Accountability Office and two from the Court of Federal Claims. The first protest concerns an agency using unstated evaluation…
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/ Administrative Law, Commercial Law & Contracts, Government Contracting
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. The…
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/ Administrative Law, Commercial Law & Contracts, Government Contracting
On September 4, 2024, the U.S. Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on…
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/ Commercial Law & Contracts, Government Contracting
In September 2024, the Ninth Circuit reversed in part a district court’s dismissal of an action under the False Claims Act (FCA or the “Act”) for lack of jurisdiction under the Act’s First-to-File Rule and held that the…
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/ Civil Procedure, Criminal Law, Health
This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government…
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/ Government Contracting
Last year, Justice Clarence Thomas’s dissent in United States ex rel. Polansky v. Executive Health Resources, Inc., 599 U.S. 419 (2023) (“Polansky”), resurrected an old debate about whether the False Claims Act (FCA) qui tam…
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/ Civil Procedure, Constitutional Law
This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions…
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/ Administrative Law, Government Contracting, International Law & Trade, Labor & Employment Law
The U.S. Department of Defense (DoD) issued a final rule bringing the Defense Federal Acquisition Regulation Supplement (DFARS) into alignment with changes to the Federal Acquisition Regulation (FAR) that reorganized Part 23 on…
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/ Administrative Law, Environmental Law, Government Contracting
This summer has seen two notable updates that parties to mentor-protégé joint ventures (MPJVs) should be aware of. First, buried in a Notice that the U.S. Small Business Administration (SBA) issued on July 22, 2024, is a…
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/ Business Organizations, Commercial Law & Contracts, Government Contracting
This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an…
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/ Administrative Law, Business Torts, Government Contracting
A recent decision, Independent Rough Terrain Center, LLC v. United States (“IRTC”),[1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of other…
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/ Government Contracting
The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits…
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/ Administrative Law, Business Torts, Government Contracting
On June 28, 2024, the Supreme Court of the United States overruled a cornerstone of contemporary administrative law when it determined, in a 6-3 ruling, that the Supreme Court’s decision in Chevron U.S.A. Inc. v. Natural…
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/ Administrative Law, Civil Procedure, Environmental Law, Government Contracting
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from…
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/ Government Contracting, Mergers & Acquisitions
