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The Federal Circuit’s recent decision in Percipient.AI, Inc. v. United States represents a major development in its case law regarding bid protest standing and task order protest jurisdiction.  In the decision—which has rightly received significant attention this month—a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held that Percipient, which...

A lot of attention has been paid in recent years to semiconductors, tiny electronic parts that power everything from consumer electronics and automobiles to critical infrastructure and advanced military systems.  Most prominently, the CHIPS and Science Act, which President Biden signed into law in August 2022, appropriated nearly $52 billion to boost semiconductor research...

On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule on worker classification under the Fair Labor Standards Act (“FLSA”). Under the final rule, the DOL is modifying their Wage and Hour Division regulations to reflect its latest analysis/guidance for determining whether a worker should be classified as an employee...

If Congress cannot pass a new funding plan by October 1, 2023 (the start of the federal fiscal year), the Government will “shut down” financially at 12:01 A.M. and that shut-down will last until Congress signs a new funding bill into law. The question is—what do you do as a government contractor when faced...

Applications for the Small Business Administration (“SBA”)’s 8(a) program are currently on hold as the SBA develops its response to a decision from the U.S. District Court for the Eastern District of Tennessee (the “district court”) finding one element of the program unconstitutional.  The district court’s decision is somewhat old news, at least in...

~ DOJ Compliance and Enforcement trends January 2023 through June 2023 ~ “Investing now in a robust compliance program is good for business, and it is good for our collective economic and national security.” – Lisa Monaco, Deputy Attorney General at the American Bar Association National Institute on White Collar Crime, March 2, 2023....