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Welcome to the Government Contracts Insights Blog

Morrison & Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement.

October 11, 2016 - Protests & Litigation

September 2016 Protest Roundup

In the second installment of our new monthly feature, we identify a few noteworthy bid protest decisions from the month of September and discuss briefly some of the developments or trends observed in those decisions. ...›

Small Business
September 28, 2016 - Small Business

Challenge to 8(a) Business Development Statute Gets Rebuked

On Friday, September 9, 2016, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit Court of Appeals”) held that the statute creating the Small Business Administration’s “8(a) Program” is not unconstitutional.  Nevertheless, in addition to being appealed, the ruling creates possibilities for future successful challenges to certain aspects of the 8(a) Program and ...›

September 26, 2016 - Protests & Litigation

A Road Less Traveled: Agency-Level Protests

An agency just messed up a procurement, and you want to protest.  Where do you go?  The vast majority of bid protests are filed with the Government Accountability Office (GAO).  A far smaller percentage of protests are brought as lawsuits before the Court of Federal Claims.  It is easy to forget there is a third ...›

September 21, 2016 - False Claims Act

Courts Are Taking Materiality Seriously Post-Escobar

In the three months since the U.S. Supreme Court issued its decision in Universal Health Services v. United States ex rel. Escobar, lower court decisions suggest a trend of strict interpretation of the high court’s materiality requirement for False Claims Act allegations. Pleadings generally must allege facts demonstrating materiality to avoid dismissal. As a result, ...›

September 20, 2016 - Drones & Autonomous Vehicles

Autonomous Vehicles: USDOT Issues New Policy on Development and Deployment of Automated Vehicle Technologies

On Tuesday, September 20th, the U.S. Department of Transportation (USDOT) released a new policy designed to expedite the development and deployment of autonomous vehicle (AV) technologies in the United States while protecting public safety. The new policy applies to the full array of AVs, ranging from driver assisted to wholly autonomous technologies. Although the policy ...›

Federal Procurement

Final Rule Requires Contractors to Disclose Labor Law Violations for the Past Three Years

Contractors and practitioners took notice last month when the FAR Council issued a final rule implementing Executive Order 13673, Fair Pay and Safe Workplaces. To help contractors and agencies navigate this new regime, the Department of Labor (“DOL”) simultaneously issued guidance on the new rule. ...›

Protests and Litigation
September 9, 2016 - Protests & Litigation

Department of Energy Rescinds $5 Billion Award Due to Contractor Sale After Bid Submission

A string of recent decisions have found the U.S. Government Accountability Office (GAO) struggling with the impact of corporate transactions on pending proposals. See FCi Federal, Inc., B-408558.7, B-408558.8, Aug. 5, 2015, 2015 CPD ¶ 245 (overturning award where “as a result of the sale . . . the original proposal, upon which the award decision was based, no longer reflects the intended approach to performance”); see also ...›