Protests and Litigation
May 25, 2017Protests & Litigation

MoFo Webinar: Bid Protests – From Soup to Nuts

On May 30, 2017, 1-2PM EST, Morrison & Foerster partner Dan Chudd and associate Jim Tucker will present a Federal Publications webinar, “Bid Protests – From Soup to Nuts”. The webinar will cover bid protests from start to finish, with a focus on tips for how to litigate bid protests and suggestions on when to ...›

FCA
May 25, 2017False Claims Act

Protecting Privilege In FCA Cases From Start To Finish

The False Claims Act has been a hot area of litigation for years, and current statistics signal that this trend will not end any time soon. With lucrative rewards for whistleblowers and the possibility of treble damages and steep penalties, companies cannot risk failing to thoroughly investigate False Claims Act allegations. In doing so, however, ...›

Federal Procurement
May 24, 2017Acquisition Regulations

DOD’s Prototype OTA Guide Offers Insight Into DOD’s Experiment In Regulation-Free Acquisition

In January 2017, the Department of Defense issued updated guidance for acquisition officials entering into and managing what are known as other transaction agreements (OTAs) for prototyping projects. As a general rule, OTAs are not considered procurement contracts, grants or cooperative agreements, but something else; and they are not subject to the Federal Acquisition Regulation, ...›

Cybersecurity
May 23, 2017Cybersecurity & Data Privacy

The ‘WannaCry’ ransomware attack could have been prevented. Here’s what businesses need to know.

By now everyone has heard about last week’s unprecedented cyber attack, in which a piece of ransomware known as “WannaCry” wreaked havoc across the world, impacting more than 150 countries and crippling hundreds of organizations—from global businesses to government entities and even Britain’s National Health Service. As the attack made abundantly clear, the public and ...›

Compliance

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit Electronic Part Detection and Avoidance Systems.  Although the DFARS clause focuses on electronic parts, any company contracting or subcontracting with the ...›

Compliance
May 17, 2017Compliance, Grants

OMB Gives Grant and Cooperative Agreement Recipients Additional Time to Comply With New Procurement Requirements Mandated by “Super Circular”

The Office of Management and Budget (“OMB”) announced earlier this week that it is giving universities, nonprofits, state and local governments, and other “non-Federal entities” an additional year to comply with the new procurement standards that were part of the extensive changes to administrative processes, cost accounting, and audit requirements set in motion by OMB’s December ...›

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 ...›

Compliance
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 ...›