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


April 5, 2019Protests & Litigation

March 2019 Bid Protest Roundup

This month’s bid protest round-up includes decisions from the Court of Federal Claims and the Government Accountability Office regarding the Competition in Contracting Act (CICA) automatic stay, agency responsibility and discretion, and the importance of complying with solicitation requirements. Technica LLC v. United States and Aviation Security Management LLC, No. 18-2003C, February 22, 2019. Technica ...›

March 27, 2019Compliance, Labor/Employment

OFCCP Announces FY2019 Audits

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published the list of contractors that are scheduled to receive Corporate Scheduling Announcement Letters (CSALs).  CSALs are courtesy letters OFCCP sends to contractors to alert them that one or more of their establishments will likely be scheduled for an OFCCP audit in the ...›

March 27, 2019Announcements & Press

Government Contracts Insights’ Contributors Dan Chudd and Jim Tucker Receive JD Supra Readers’ Choice Award

We’re proud to announce that the online platform JD Supra has named Government Contracts Insights’ contributors Dan Chudd (who serves as the blog’s Managing Editor) and Jim Tucker as “Top Authors” in its 2019 Readers’ Choice Awards. Dan and Jim were chosen from among the nearly 50,000 writers who publish on JD Supra as the leading author ...›

Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty

Those familiar with Federal procurements know the general rule:  If you submit a proposal against a solicitation despite disagreeing with one of its provisions, you usually waive the right to challenge that provision in the future.  That rule applies to bid protests at both the Government Accountability Office (GAO) and the Court of Federal Claims.  ...›

March 21, 2019Protests & Litigation

Hope(less) Village Finds Hope at the GAO

While February is the shortest month of the year, there was certainly no shortage of bid protests at the Government Accountability Office (“GAO”), which is why we decided to supplement our monthly Bid Protest Round-up with a bonus summary. In Hope Village, Inc., the GAO found itself tasked with deciding a matter that has made ...›

FCA
March 11, 2019False Claims Act

DOJ Plans to Dismiss Another Whistleblower FCA Case

In the ever-evolving False Claims Act (FCA) arena, the Government told the court that it intends to move to dismiss a whistleblower suit against United Health Group’s Executive Health Resources, Inc. (EHR) for allegedly assisting hospitals in overcharging for outpatient care.  The Granston Memo, issued by Department of Justice (DOJ) in January 2018, directs government ...›

Federal Procurement

ABA Federal Procurement Institute — MoFo Attorneys Co-Chair and Moderate Panels

During next week’s ABA Federal Procurement Institute, March 13-16, 2019 in Annapolis, MD, three Morrison & Foerster Government Contracts attorneys will be participating. Partner Damien Specht will serve as one of the conference co-chairs. He is also co-chair of the ABA Public Contract Law Section Mergers and Acquisitions Committee and the ABA Small Business & ...›

March 1, 2019Compliance, Defense, Federal Procurement

Undefinitized Contract Action Proposed Rule

In the National Defense Authorization Acts for 2017 and 2018, Congress required the Department of Defense (DOD) to implement certain reforms for issuing and definitizing Undefinitized Contract Actions (UCAs).  After a long delay, DOD has issued a proposed rule and requested comments from industry. UCAs are meant to be used when the Government has urgent ...›