Morgan Lewis Government Contractor Guidebook

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.

Recent government contracting developments include a potential milestone for governmentwide contractor cyber incident reporting requirements, the General Services Administration’s (GSA’s) identification of more than $13 billion in suspected procurement fraud, and the Army’s selection of contractors and installations for its Janus nuclear microreactor program.

Recent developments in government contracting include several significant court decisions affecting national security designations and bid protest practice. The latest updates include a US Court of Appeals for the District of Columbia Circuit decision requiring additional process before certain companies are designated as Chinese military companies, two US Court of Federal Claims decisions addressing when agencies may consider the experience and past performance of affiliated entities, and another Court of Federal Claims decision examining the level of analysis required to support a higher-priced best-value award.

Recent developments in government contracting include the Small Business Administration’s new framework for establishing social disadvantage under the Section 8(a) Business Development Program, a Government Accountability Office decision requiring the US Army to permit small business teaming under its Marketplace for the Acquisition of Professional Services procurement, Department of War efforts to simplify contractor accounting requirements, and the Financial Crimes Enforcement Network’s final rollback of Corporate Transparency Act reporting requirements.

Recent developments in government contracting include a notable Government Accountability Office (GAO) decision involving proposal submission requirements, continued US Department of War (DoW) investment in critical defense supply chains, a US Department of Commerce action under the Defense Production Act involving critical materials, and two significant litigation developments involving the state secrets privilege and the Competition in Contracting Act’s (CICA’s) automatic stay provisions.

Recent developments in government contracting highlight continued expansion of False Claims Act (FCA) enforcement and growing federal attention to supply chain resilience. The latest updates include two Department of Justice (DOJ) FCA resolutions involving organizational conflicts of interest and grant administration, the department’s first healthcare declination under its revised corporate enforcement policy, and a new executive order directing sweeping changes to defense supply chain sourcing and oversight.

Recent developments in government contracting highlight questions surrounding federal court jurisdiction over grant-related disputes and a significant international agreement that could create future opportunities for the US nuclear industry. The latest updates include two court decisions addressing the line between Administrative Procedure Act (APA) challenges and Tucker Act contract claims, as well as a new civil nuclear cooperation agreement between the United States and Saudi Arabia.

Recent developments in government contracting highlight significant changes affecting cybersecurity compliance, defense industry consolidation, contract disputes, and federal grant conditions. The latest updates include the Department of War’s decision to delay implementation of the next phase of the Cybersecurity Maturity Model Certification program, continued Department of Justice scrutiny of mergers in the defense industrial base, an Armed Services Board of Contract Appeals ruling on the public availability of Board decisions, and a federal court injunction blocking enforcement of certain DEI-related grant conditions.

Recent developments in government contracting highlight continued regulatory modernization, evolving artificial intelligence policy, and bid protest guidance on small business participation requirements. The latest updates include changes to the Cost Accounting Standards (CAS), a new executive order directing agencies to design a voluntary framework for federal engagement with developers of covered frontier models, and a Government Accountability Office (GAO) decision addressing how agencies calculate small business participation under solicitation requirements.

Recent developments in government contracting highlight important updates in bid protest jurisdiction, national security enforcement, and cybersecurity compliance. This includes a Government Accountability Office decision clarifying the limits of its protest jurisdiction, the US Department of Justice’s first National Security Division declination under its revised corporate enforcement policy, and a proposed Federal Acquisition Regulation rule that would establish governmentwide requirements for safeguarding and reporting Controlled Unclassified Information.