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Articles by Andrew Current
En Banc Federal Circuit Clarifies “Interested Party” Standing in Bid Protests | JD Supra
The en banc Federal Circuit recently reversed a panel decision in Percipient.ai, Inc. v. United States, and its possible expansion of the US Court of Federal Claims’ bid protest jurisdiction. The ruling, issued on August 28, 2025, reinforces that there has been no expansion of who qualifies as an “interested party” with standing to bring a bid protest under 28 U.S.C. § 1491(b)(1). Below, we provide a brief description of the case and its key implications for government contracts.
EPA Expands Mandatory Federal Purchasing Program | JD Supra
The US Environmental Protection Agency (EPA) recently announced that it is expanding its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing Program (Recommendations Program) to include new categories of products and services, including healthcare, laboratories, clothing and uniforms, and cafeteria and food service products.
Percipient.ai, Inc. v. United States: The Federal Circuit’s expansion of bid protest task order jurisdiction and standing
The Federal Circuit’s June 7, 2024 decision in Percipient.ai, Inc. v. United States[1] expanded the Court of Federal Claim’s bid protest jurisdiction, and opens the door for increased scrutiny of agencies’ procurement practices involving the use of commercial products and services. Court of Federal Claims proceedings Percipient.ai (Percipient), an AI solutions provider, filed a bid protest before the Court of Federal Claims.
Increased scrutiny of government contractor M&A deals likely on the horizon
In March 2024, Senators Elizabeth Warren and Mike Rounds issued a letter to the Secretary of Defense highlighting key issues identified in Department of Defense (DoD) and Government Accountability Office (GAO) reports addressing matters related to DoD deals in mergers and acquisitions (M&A). This Senate letter marks the latest in a series of government reports or comments on DoD M&A that began with the DoD in 2022.
November 2023 Government Contracts Roundup
As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid protest report, information technology updates, and new and proposed agency regulations.
November 2023 Government Contracts Roundup | JD Supra
As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid protest report, information technology updates, and new and proposed agency regulations.
New FAR Clause Implements TikTok Ban for Federal Contractors | JD Supra
The federal government's most recent TikTok ban is both simple and complex. The prohibition bans federal contractors from using or even installing the TikTok app on covered information technology (IT) devices. While this aspect of the ban is clear, there are complicated questions about covered devices, covered contracts, implementation timelines, and contractor responsibilities.
New DFARS Rule Increases Buy American Act Content Thresholds for DOD Contracts | JD Supra
The Department of Defense (DOD) has proposed an updated rule in the Defense Federal Acquisition Regulation Supplement (DFARS) to increase Buy American Act content thresholds for federal government contractors under DOD contracts. The new DFARS rule follows 2022's update to the Federal Acquisition Regulation (FAR) implementing Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers.
Department of Defense Expands Scope of Specialty Metals Restriction | JD Supra
In recent years, the government contracts space has seen an increased scrutiny of procurements from certain countries, especially the People's Republic of China. A prominent example is Section 889 of the National Defense Authorization Act of 2019 ("NDAA FY 19"), which prohibits the Federal Government from procuring or even contracting with contractors that use covered telecommunications equipment and services from designated Chinese companies.
CHIPS Act Rollout Continues as Commerce Department Proposes National Security "Guardrails" on Incentives Program and Flexes Oversight Muscle | JD Supra
In its continuing efforts to strengthen the United States' hand in its ongoing international economic bout with China, the Biden Administration's Department of Commerce last week issued a Notice of Proposed Rulemaking (NPRM) to further carry out Congress's directives under the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022.
U.S. Department of Commerce Issues First Notice of Funding Opportunity for CHIPS and Science Act | JD Supra
On February 28, 2023, the U.S. Department of Commerce issued the first Notice of Funding Opportunity under the CHIPS and Science Act, a 2022 law designed to increase the competitiveness of U.S. semiconductor manufacturing. With this new funding opportunity comes a large scale of direction and guidance from Commerce about the funding's purpose, key priorities, application process, and timelines. This alert will briefly identify key guidance on these topics.
U.S. Chamber of Commerce Issues First Notice of Funding Opportunity for CHIPS and Science Act
On February 28, 2023, the U.S. Chamber of Commerce issued the first Notice of Funding Opportunity under the CHIPS and Science Act, a 2022 law designed to increase the competitiveness of U.S. semiconductor manufacturing. With this new funding opportunity comes a large scale of direction and guidance from Commerce about the funding's purpose, key priorities, application process, and timelines.
OMB Proposes New Buy America Regulations for Federal Grant Recipients Participating in Infrastructure Projects, but Leaves Many Questions Unanswered | JD Supra
While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the “Uniform Guidance”) (codified at 2 C.F.R. Part 200), which govern the administration of federal grants and cooperative agreements, previously only directed recipients to “provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the...
OMB Proposes New Buy America Regulations for Federal Grant Recipients Participating in Infrastructure Projects, but Leaves Many Questions Unanswered
While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the “Uniform Guidance”) (codified at 2 C.F.R. Part 200), which govern the administration of federal grants and cooperative agreements, previously only directed recipients to “provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the...
Commercial Solutions Openings Are Here to Stay: What That Means for Federal Contractors | JD Supra
On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). The proposal would amend Part 212 of the DFARS in order to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2022 (NDAA FY 22), which made permanent a CSO pilot program for acquiring innovative technical solutions to meet Department of Defense requirements.
Commercial solutions openings are here to stay: what that means for federal contractors
(March 2, 2023) - James Y. Boland and Andrew W. Current of Venable LLP examine how the Defense Department's proposed regulations for commercial solutions openings may provide opportunities for government contractors. On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs).
An Upcoming Proposal Will Impact Federal Acquisition of Real Estate - But How? | JD Supra
As part of his administration's all-of-government response to climate concerns, on December 8, 2021 President Biden issued Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. The E.O. lays out broad, across-the-board objectives to lower the federal government's greenhouse gas emissions, including a suggestion for new federal guidelines "to promote sustainable locations for Federal facilities." Id. at § 510(b)(iii).
Long-Awaited Protections for Intellectual Property Could Have Significant Implications for Federal Government Contractors | JD Supra
The Protecting American Intellectual Property Act of 2022—passed by the Senate on December 20, 2022 and signed by the President on January 5, 2023—aims to protect American IP interests by imposing sanctions on certain foreign entities and individuals significantly involved in the theft of trade secrets. The two pillars of the Act are an executive reporting requirement and a series of mandatory sanctions on entities and individuals.
Notable Bid Protest Decisions, October and November 2022 | JD Supra
The United States Government Accountability Office ("GAO") sets a high bar for those pursuing bid protests before it. The ratio of protests sustained to protests dismissed or denied is heavily tilted toward the latter. That's why GAO decisions that sustain a bid protest are important resources for identifying the issues that raise red flags during a solicitation.
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