On February 10, 2025, President Donald J. Trump signed Executive Order 14209, titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.” That order marked a major shift in the federal government’s approach to Foreign Corrupt Practices Act (FCPA) enforcement, pausing most new FCPA actions for 180 days and directing the
As federal contractors continue to navigate the post-pandemic compliance landscape, a recurring issue has emerged in government audits and incurred cost reviews: whether and how contractors must credit the government for Paycheck Protection Program (PPP) loan forgiveness amounts received during the performance of cost-reimbursement contracts. The issue has raised significant questions regarding allowability, allocability, and
Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of regulatory compliance, security requirements, and approval processes that can significantly affect deal structure, valuation, and risk. This blog post outlines some of the basic best practices for due diligence
Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness standard (see M. A. Mortensen Company, ASBCA No. 39978, 93-3 BCA ¶ 26,189). However, in two recent cases, the Spearin doctrine – under which the government
The U.S. Supreme Court recently delivered a significant ruling in Stamatios Kousisis, et al. v. United States, affirming that a defendant can be convicted of federal fraud for inducing a transaction through materially false pretenses, even absent an intent to cause economic harm. This unanimous decision clarifies the scope of the federal wire fraud
When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural guidelines must be followed to challenge a solicitation, evaluation, or contract award. Here’s what you need to know about filing a bid protest with MWAA.
When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the FAA is governed by its own Acquisition Management System (AMS), which includes unique procedures for handling bid protests. At the heart of this process
In the highly competitive world of federal government contracting, a firm’s small business size or socioeconomic status can determine its eligibility for lucrative set-aside contracts. For competitors and interested parties, the ability to challenge a company’s claimed size or status is a critical tool for ensuring compliance with the Small Business Act and maintaining the
The Freedom of Information Act (FOIA), enacted in 1966, grants the public the right to access records from any federal agency, promoting transparency and accountability in government. Whether you’re a business owner, researcher, journalist, or private citizen, understanding the FOIA process — and how to challenge an agency’s response — is essential for ensuring your
The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under the Federal Acquisition Regulation (FAR) in establishing a competitive range for a logistics support procurement at Redstone Arsenal, Alabama, prejudiced the protestor and warranted injunctive