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Bid Protests: A Buy American Enforcement Tool, At Least Sometimes

For nearly a century, “Buy American” provisions and similar laws have mandated or otherwise instituted purchasing preferences for U.S. materials and products when using federally-appropriated funds. Recently, these...more

Buy American Final Rule Ups the Domestic Content Ante

The Biden Administration continues to advance its Made in America policy priorities through amendments to the Federal Acquisition Regulation (FAR) implementing the Buy American Act (BAA). The latest such amendment, a final...more

Federal Circuit’s NIKA Technologies Decision Reinforces Importance of Asking Questions in Debriefings for DoD Procurements

Pursuing a post-award bid protest at the Government Accountability Office (GAO) can provide protesters the benefit of the stay of performance under the Competition in Contracting Act (the CICA stay). To qualify, offerors must...more

Economic Necessity: An Update on CARES Act Compliance and Enforcement

Our previous alert on CARES Act enforcement and corporate compliance cautioned about False Claims Act exposure and other risks posed by CARES aid eligibility certifications. Since that alert there have been significant...more

The Coming Wave of Post-CARES Fraud Cases: How to Protect Yourself

Aid to Businesses Under the CARES Act - The Coronavirus Aid, Relief and Economic Security (CARES) Act, H.R. 748, was signed into law by the President on March 27, 2020. In addition to providing benefits for individuals,...more

Department of Defense Releases Version 1 of the Cybersecurity Maturity Model Certification Framework: What Should Defense...

Malicious cyber activities by state and non-state actors threaten the defense industrial base and have become an ever-increasing threat to our national security. As a result, the Department of Defense (DoD) has updated and...more

Hit the Brakes Before Taking on Government Work Without a Contract

The Court of Federal Claims’ decision in Panther Brands, LLC v. United States reminds us that (1) only contracting officers (COs), not their representatives (CORs), have authority to bind the government in contract, and (2)...more

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