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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.


Federal Procurement

Soothsaying Oracle: What GAO’s Decision Concerning DoD Prototype OTAs Means for DoD and Beyond

Other Transaction Agreements (OTAs):  The term is familiar among government contractors, yet commonly misunderstood.  Recently, the Government Accountability Office (GAO), in Oracle America, Inc., B-416061, May 31, 2018, 2018 CPD ¶ ___, defined OTAs as “legally-binding instruments, other than contracts, grants, or cooperative agreements, that generally are not subject to federal laws and regulations applicable ...›

Protests and Litigation
June 7, 2018Protests & Litigation

May 2018 Bid Protest Roundup

This month’s roundup features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning timeliness, sole source awards, and organizational conflicts of interest (“OCIs”).  The first offers some novel thoughts on when a pre-award protest is appropriately brought to GAO, and the others serve as important reminders to contractors about what matters are worth protesting ...›

Protests and Litigation

Unreasonableness And Lack Of Documentation (Post-Award Protest Primer #17)

Today’s installment of the post-award protest primer combines two frequent, related protest grounds:  (1) unreasonable evaluations and source selection decisions and (2) insufficient documentation.  In a future post, we’ll look more granularly at protest grounds best value tradeoffs in particular and the duties of source selection authorities.  Today, it’s all about reasonableness and documentation. Unreasonable ...›

Intellectual Property

Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights

The GAO’s decision last week, denying in part and dismissing in part Sikorsky Aircraft Corporation’s much-watched protest of the Air Force’s solicitation to replace the UH-1N helicopter, deals an early (if light) blow to contractors in their fight against the Air Force’s recent data rights grab.[1]  Followers of this blog and readers of the Government ...›

FCPA

Top Ten International Anti-Corruption Developments for April 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: Which company received the first declination under the Department of Justice’s (DOJ) new FCPA Corporate Enforcement Policy? How has ...›

Protests and Litigation
May 23, 2018Protests & Litigation

A New Bid Protest Timeliness Trap: Pre-Award Laches

On this blog, we frequently discuss the various timeliness traps that can undermine bid protests at the Government Accountability Office (GAO).  A recent bid protest decision from the Court of Federal Claims addresses a timeliness trap that is rare and has never before been spotted in the wild, but that could ensnare a protester under ...›

Federal Procurement
May 22, 2018M&A, National Security

MoFo Associate Charles Capito Moderating ABA PCLS M&A Committee Panel

On June 6, 2018, Morrison & Foerster Government Contracts Associate Charles Capito is moderating an ABA Section of Public Contract Law panel discussion titled “FOCI and CFIUS Issues in Government Contracts M&A.” Panelists include Jay Fraude, General Counsel, Defense Security Service; Damara Chambers, Of Counsel, Covington & Burling; and Farhad Jalinous, Partner, White & Case. ...›

Small Business
May 14, 2018Small Business

SBA Sneaks in Rule on Recertification

The Small Business Administration (SBA) issued a Direct Final Rule on March 26, 2018 that appears to address a specific holding of SBA’s Office of Hearings and Appeals (OHA) related to small business recertification rules.  In the recently issued Analytic Strategies, Inc., SBA No. VET-268, decision, OHA held that a service-disabled veteran-owned small business concern ...›