Morgan Lewis Government Contractor Guidebook

Recent developments in government contracting include a Court of Federal Claims decision expanding bid protest jurisdiction over certain other transaction (OT) agreements, a $13 million cybersecurity-related False Claims Act settlement, and a federal audit of contracts involving hundreds of firms suspended from the Small Business Administration’s 8(a) Business Development Program. Together, these developments highlight evolving judicial oversight of alternative acquisition methods and continued enforcement attention on contractor cybersecurity and small business program compliance.

The European Union has added a record 1,646 individuals and entities to its Russia sanctions list, significantly expanding restrictions on companies involved in Russia’s military-industrial supply chains. The October 12 designations extend beyond traditional defense manufacturers to businesses supplying dual-use technologies and components, creating potential compliance implications for government contractors and other companies with international supply chains.

Recent developments in government contracting highlight three significant litigation matters involving contractor whistleblower protections, procurement integrity, and recovery of increased contract performance costs. The latest updates include a $1.2 million jury verdict against a US Department of War (DoW) contractor for whistleblower retaliation, two Government Accountability Office (GAO) decisions sustaining protests involving the disclosure of competitors' pricing information, and a $461 million lawsuit against the US Department of State arising from COVID-19-related construction cost overruns.

Recent developments in government contracting include new restrictions on the use of certain AI technologies in federal systems, a US Department of Justice (DOJ) initiative offering financial incentives for whistleblower reports, and two court and Government Accountability Office (GAO) decisions addressing bid responsiveness and domestic sourcing requirements. Together, these developments highlight evolving compliance obligations, potential enforcement exposure, and the importance of closely reviewing solicitation and procurement requirements.

Recent developments in government contracting include a federal court decision addressing the scope of the administration’s diversity, equity, and inclusion (DEI) requirements for federal contractors, two Government Accountability Office (GAO) decisions involving defense procurement, and a new US Department of Justice (DOJ) directive calling for expanded and coordinated fraud enforcement. Together, these developments reflect evolving contractor compliance obligations, agency discretion in procurement decisions, and increased scrutiny of potential fraud involving federal programs and contracts.

Recent developments in government contracting include a Court of Federal Claims ruling highlighting the importance of incorporating external documents into federal contracts, a Government Accountability Office decision examining the use of existing Federal Acquisition Regulation provisions alongside Revolutionary FAR Overhaul (RFO) deviations, and an aerospace and defense industry assessment on the government’s proposed critical minerals stockpile.

Recent developments related to government contracting include a False Claims Act (FCA) settlement highlighting defense supply chain compliance, a US Department of Justice (DOJ) Office of the Inspector General (OIG) audit identifying weaknesses involving expired procurement vehicles, a Department of Transportation (DOT) overhaul of its Disadvantaged Business Enterprise (DBE) program, and a White House directive changing how the federal government refers to AI.

Recent developments related to government contracting include efforts to expand emerging-technology companies’ access to classified work, the next major tranche of proposed changes under the Revolutionary Federal Acquisition Regulation (FAR) Overhaul, and revisions to US Department of Justice (DOJ) policies governing False Claims Act (FCA) enforcement. Together, the developments could affect how companies enter the classified marketplace, compete for federal work, and respond to government and whistleblower enforcement.

Recent developments in government contracting include proposed changes that could significantly expand the pool of companies qualifying as small businesses, a new Department of War initiative intended to increase contractor access to classified work, and a directive that could restrict Canadian-origin products from the General Services Administration’s Multiple Award Schedules.

Recent developments related to government contracting include significant changes to federal contractor affirmative action requirements and two developments involving False Claims Act (FCA) enforcement. The latest updates include US Department of Labor rules that formally rescind the regulations implementing Executive Order 11246 and modify Section 503 requirements, an Eleventh Circuit decision rejecting an Appointments Clause challenge to the FCA’s qui tam provisions, and a $2 million cybersecurity-related FCA settlement involving a defense contractor.