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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.


FCA
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 ...›

Litigation
September 6, 2016 - Protests & Litigation

August 2016 Protest Roundup

We’re rolling out a new monthly feature on our Government Contracts Insights blog, presenting a handful of interesting bid protests from the preceding month. Rather than exhaustively analyzing each decision, we will highlight a few protest grounds that we think are noteworthy or just good reminders for companies competing for contracts and agencies conducting procurements. ...›

Litigation
September 1, 2016 - Protests & Litigation

GAO Post-Award Protest Timeline

We’re excited to announce a new series of infographics on our Government Contracts Insights blog. These infographics will highlight key trends and tips for companies in the government contracting community. Our first infographic focuses on the GAO Post-Award Protest Timeline, providing an in-depth timeline from Day 1 to Day 100 along with tips to navigate the timeline most effectively. ...›