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 ...›

February 28, 2019Protests & Litigation

February 2019 Bid Protest Roundup

This month’s selection of bid protests includes discussion of:  (1) a successful challenge to a subcontracting restriction in the General Services Administration’s One Acquisition Solution for Integrated Services (OASIS) solicitation; (2) an explanation of whose experience an agency can consider when a solicitation provides for the evaluation of an “offeror’s” experience; (3) an agency’s discretion ...›

February 19, 2019Artificial Intelligence + Robotics

Federal Government Expansion and Application of Artificial Intelligence Technologies

By all accounts 2019 will bring significant expansion in the use and development of artificial intelligence (AI) by the U.S. federal government.  Notwithstanding some well-publicized rejections by industry of the use of their AI technologies for offensive military and surveillance applications, the federal government remains a major supporter of and customer for AI technologies.  Below ...›

Defense
February 15, 2019Compliance, Defense, Protests & Litigation

Cry Havoc and Let Slip the Risks of War

In last month’s post, we considered First Kuwaiti Trading & Contracting W.L.L., v. Dep’t of State, CBCA 3506, 2018 WL 6423911 (Dec. 3, 2018), and Appeal of ECC International, LLC, ASBCA 60484, 2018 WL 6251069 (Nov. 16, 2018), to reflect on how the risks of war are allocated between contractors and the government and how ...›