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Department of Defense (DOD) Government Accountability Office Federal Contractors

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Weekly Update for Government Contractors and Commercial Businesses – September 2024 #2

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Department of Defense (DOD) Proposed Rule: Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects - On September 4, DOD published a proposed rule and request for comments regarding...more

Morrison & Foerster LLP - Government...

June 2024 Bid Protest Roundup

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...more

Morrison & Foerster LLP - Government...

Court Of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

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...more

Goodwin

Pressure Mounts for Broader Regulatory Oversight of Defense Industry Mergers

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The Department of Defense assessed an average of about 40 defense-related mergers and acquisitions each year from 2018 to 2022, a small portion of the roughly 400 defense mergers estimated to occur annually, according to a...more

Morrison & Foerster LLP - Government...

Has The GAO Opened The Door To Certain Other Transaction (OT) Bid Protests?

Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the...more

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Weekly Update for Government Contractors and Commercial Businesses – May 2024 #5

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7(a) Loan Approval for Borrowers with Unresolved COVID-19 Pandemic Loan Compliance Issues: On May 21, SBA’s OIG issued an inspection report assessing SBA’s 7(a) loan approval process for borrowers with unresolved pandemic...more

Goodwin

Scrutiny of U.S. Defense Contractor-Related M&A Activities Will Soon Intensify

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Current and future U.S. defense contractors, and entities interested in acquiring these contractors, should prepare for increased regulatory scrutiny of mergers and acquisitions (M&A) transactions. Congress is signaling that...more

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Weekly Update for Government Contractors and Commercial Businesses – May 2024

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FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban - On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against...more

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Weekly Update for Government Contractors and Commercial Businesses – April 2024 #4

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Federal Acquisition Regulation (FAR) Council Final Rule: Sustainable Procurement - On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 8

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Claims Update - CLogic LLC v. United States, No. 23-6 L, Fed. Cl. (March 21, 2024) The Court of Federal Claims issued what appears to be its first opinion involving a performance dispute under a DoD prototype Other...more

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Weekly Update for Government Contractors and Commercial Businesses – March 2024 #2

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Keys to Avoiding GAO’s Timeliness Trap - GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement....more

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Weekly Update for Government Contractors and Commercial Businesses – March 2024

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House Passes $460 Billion Package of Spending Bills. Senate Expected to Act Before Shutdown Deadline, Federal News Network - The House passed a $460 billion package of spending bills Wednesday that would keep money...more

Bass, Berry & Sims PLC

Bid Protest Minute: GAO’s Task Order Jurisdiction

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On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more

Holland & Knight LLP

DOD Contemplating Increased Scrutiny of Defense M&A Transactions

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The U.S. Government Accountability Office (GAO) has published a report focusing on the risks associated with mergers and acquisitions (M&A) in the defense space and concluded that the U.S. Department of Defense's (DOD)...more

Morrison & Foerster LLP - Government...

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

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Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the...more

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Weekly Update for Government Contractors and Commercial Businesses – January 2024

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Department of Defense (DOD) Final Rule: Defense Federal Acquisition Regulation Supplement (DFARS) Consolidation of DOD Government Property Clauses - On December 22, 2023, DOD issued a Final Rule amending the DFARS to...more

Maynard Nexsen

Recent GAO Decision Highlights GAO's Jurisdiction Over Protests Involving Task Orders

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The recent bid protest decision in ELS, Inc., B-421989, December 21, 2023, 2023 CPD highlights an important aspect of bid protest litigation before the U.S. Government Accountability Office ("GAO"): task order jurisdiction....more

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Weekly Update for Government Contractors and Commercial Businesses – December 2023 #3

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H.R. 357, Ensuring Accountability in Agency Rulemaking Act, Passed House - On December 12, the House passed legislation requiring the vast majority of rules issued by federal agencies to be signed and issued by a...more

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Weekly Update for Government Contractors and Commercial Businesses – December 2023 #2

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Department of Defense (DOD) Proposed Rule: National Industrial Security Program Operating Manual (NISPOM); Amendment - On December 13, the DOD published a proposed rule amending the NISPOM based on public comments...more

Venable LLP

November 2023 Government Contracts Roundup

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As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid...more

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Weekly Update for Government Contractors and Commercial Businesses – December 2023

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White House Announces New Actions to Support Small Business: ‘Shop Small Today,’ The Hill - On November 25, the Biden administration unveiled new actions intended to increase support for small businesses. In a post on X,...more

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Weekly Update for Government Contractors and Commercial Businesses – November 2023 #4

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Small Business Administration (SBA) Press Release: SBA Announces Biden-Harris Administration’s Progress in Small Business Lending with End-of-Year Capital Program Numbers - On November 21, Small Business Administrator...more

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Weekly Update for Government Contractors and Commercial Businesses – November 2023 #3

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Department of Defense (DOD) Final Rule: Inapplicability of Certain Laws and Regulations to Commercial Items - DOD issues this Final Rule to amend the DFARS to address the inapplicability of certain laws and regulations to...more

Morrison & Foerster LLP - Government...

October 2023 Bid Protest Roundup: Instructions, Jurisdiction, Scrutiny

This month, we feature three bid protest decisions—two from the U.S. Government Accountability Office (“GAO”) and one from the U.S. Court of Federal Claims (“COFC”). Though each of these decisions focuses on a different...more

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