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October 2023
Small Businesses Face Convoluted Eligibility Rules
By Scott Freling and Carl WiersumThe Federal Acquisition Regulation Council recently published a proposed rule that would update the Federal Acquisition Regulation, or FAR, to implement the Small Business Administration’s 2020 changes to rules on when small businesses must recertify their status in connection with orders under multiple-award contracts. -
October 2023
Proposal Would Make Losers Pay for Bid Protests
By Stephanie Barna , Michele Pearce and Kayleigh ScalzoSection 804 of the House-enacted version of the National Defense Authorization Act for fiscal year 2024 would establish a “loser pays” pilot program to require contractors to reimburse the Defense Department for costs incurred in “processing” bid protests that are ultimately denied by the Government Accountability Office. -
August 2023
CFIUS Transaction Approvals Taking Longer
By B.J. Altvater , David Fagan and Jonathan R. WakelyThe Committee on Foreign Investment in the United States, or CFIUS, recently released the public version of its annual report to Congress regarding its review of certain transactions involving foreign investment during 2022. -
August 2023
Pentagon Targets Foreign Military Sales Reforms
By Nooree LeeThe Defense Department announced June 13 that the secretary of defense approved recommendations for strengthening the foreign military sales program and instructed FMS-implementing agencies to move forward with these recommendations. -
June 2023
Federal Circuit Weighs In on Bid Protest Standing
By Andrew Guy and Kayleigh ScalzoThe United States Court of Appeals for the Federal Circuit May 10 issued a decision regarding bid protest standing in CACI, Inc.-Federal v. United States et al. In that decision, the court declared previous decisions to no longer be good law and held that the United States Court of Federal Claims erred in finding the protester to lack standing. -
May 2023
Increased Climate Disclosure Burden Coming for Contractors
By Chanda Brown , Alex Hastings and Bob HuffmanFederal contractors are awaiting issuance of new procurement regulations targeted at ensuring public disclosure of greenhouse gas, or GHG, emissions and climate-related financial risk and also setting science-based GHG reduction targets. -
April 2023
U.S. Foreign Military Sales Bounce Back
By Nooree LeeIn January, the Defense Security Cooperation Agency announced the U.S. arms transfer figures for fiscal year 2022, showing that U.S. defense sales to foreign militaries bounced back after two years of decline. -
April 2023
Will 2023 Be an Inflection Point for CFIUS?
By David N. Fagan , Brian Kim and Jonathan R. WakelyOn the heels of Russia’s invasion of Ukraine, pandemic-induced supply chain disruptions and U.S.-China tensions over Taiwan, 2022 accelerated a sweeping effort within the U.S. government to make national security considerations — especially with respect to China — a key feature of new and existing regulatory processes. -
March 2023
2023 NDAA Makes Notable Changes to FedRAMP Program
By Susan Cassidy , Moriah Daugherty and Ashden FeinOn Dec. 23, President Joe Biden signed the James M. Inhofe National Defense Authorization Act for fiscal year 2023 into law. -
February 2023
2023 NDAA Provides New Opportunities for Industry
By Stephanie Barna , Alex Hastings and Michele PearceThe 4400-page 2023 National Defense Authorization Act authorizes $858 billion in total defense spending and contains several provisions that will be of interest to companies across industries that do business with the U.S. government.
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