Protests and Litigation
May 16, 2017Protests & Litigation

Uncharted Territory: Protestor Files Suit Challenging GAO’s Redaction Policy

We’ll be watching with interest as Pond Constructors, Inc. v. Government Accountability Office, No. 1:17-cv-00881, makes its way through the U.S. District Court for the District of Columbia.  Following an unsuccessful bid protest, Pond Constructors, Inc. (“Pond”) proposed to redact from the Government Accountability Office’s (“GAO’s”) final decision the procuring agency’s source selection analysis of ...›

May 11, 2017Compliance, Schedule Contracting

Risky Business — Intracompany Transfers at Price v. Cost

The FAR cost principles and their DAR and ASPR predecessors have long provided that “materials, supplies, and services” can be transferred between “divisions, subdivisions, subsidiaries, or affiliates of the contractor” at a “price,” rather than at the transferring entity’s cost, only when (i) it is the transferor’s established practice to make such transfers at price for the ...›


UK Supreme Court to Contractors: Are You Serious?

The UK Supreme Court has ruled that the damages remedy available to aggrieved government contractors under the EU procurement regime is only available if an authority breach is sufficiently serious.  The decision will add an extra step for complaining tenderers in Europe: not only must they prove that a breach of the procurement rules occurred ...›

May 8, 2017Protests & Litigation

April 2017 Protest Roundup

Our monthly bid protest roundup for April identifies decisions by the Government Accountability Office (GAO) and the Court of Federal Claims on issues concerning:  small businesses’ right to a certificate of competency review from the Small Business Administration before being excluded for responsibility-like reasons; how potentially problematic organizational conflicts of interests can and should be ...›

False Claims Act
May 1, 2017False Claims Act

Gov’t Nonintervention In Agape And Future FCA Cases

If, as the saying goes, power corrupts and absolute power corrupts absolutely, what then to make of the government’s absolute veto power over False Claims Act settlements? In United States ex rel. Michaels v. Agape Senior Community Inc., the Fourth Circuit recently confirmed that even when the government declines to intervene in a False Claims ...›

Small Business
April 19, 2017Small Business

SBA’s “All Smalls” Mentor-Protégé Tips and Discussion

On Thursday, April 13, 2017, MoFo partner Damien Specht moderated the “SBA’s ‘All Smalls’ Mentor-Protégé Tips and Discussion” seminar. The panel included Sandra Clifford, Deputy Director, All Small Mentor-Protégé Program, Small Business Administration and Jennifer Morrison, Associate General Counsel, Booz Allen Hamilton. The discussion centered on SBA’s recently expanded mentor-protégé program and the opportunities it ...›