January 22, 2018Government Shutdown

The Government Is Shut Down: What About My Protest?

With the 2018 Government shutdown entering the work week, any contractors with ongoing or potential protests may be wondering what the effect of the shutdown will be on the protest process. Government Accountability Office According to the GAO Protest page, the GAO is closed due to the shutdown of the federal government, including the GAO ...›

Federal Procurement

Contractors Should Prepare For Potential Shutdown

As Congress and the Administration appear to be careening toward a potential government shutdown – whether on Friday January 19 or once another short-term continuing resolution expires – it is a good time for government contractors to review their contracts and the potential effect a shutdown might have. The Antideficiency Act mandates a partial government ...›

Cybersecurity
January 18, 2018Cybersecurity & Data Privacy, Defense

Data Rights Assault: What In The H (clause) Is Going On Here? Air Force Overreaching On OMIT Data

Although the government can obtain unlimited rights in technical data necessary for “operation, maintenance, installation, or training”(OMIT), the government is precluded by law from demanding unlimited OMIT rights in detailed manufacturing and process data or in software developed at private expense.  Contractors need to be aware, however, that the Air Force is disregarding this statutory ...›

FCA
January 16, 2018False Claims Act

MoFo Partner Brad Wine Quoted in Bloomberg Federal Contracts Report on FCA Trends

Brad Wine, co-chair of Morrison & Foerster’s Government Contracts practice, was quoted in the Bloomberg Government Federal Contracts Report article, “Trump’s Justice Department Kept Pace on False Claims in 2017.” The article discusses False Claims Act (FCA) activity overall under the Trump administration. Brad offered his prediction for future actions, saying ‘‘We continue to anticipate ...›

Defense

DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report

The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out.  The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017 to analyze a variety of issues relating to protests of DOD acquisitions.  The report appears to be thorough and well balanced and contains ...›

International
January 10, 2018International Public Procurement

New Procurement Threshold Values Apply Across Europe from January 1, 2018

Every two years, the European Union updates the threshold values that trigger the need for a regulated public procurement exercise across Europe.  The financial thresholds effective from January 1, 2018 have now been published. A series of three European Commission regulations published on December 18, 2017 amend the existing European directives that set out the ...›

Litigation
January 9, 2018Protests & Litigation

2017 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2017.  The number of protests, merits decisions, and sustained protests dropped slightly in 2017 from years past, yet the overall ...›

International

Mandatory Changes Proposed to UK Government Contracts’ Data Privacy Terms

The UK government has announced that it intends to write to all government contractors in order to make unilateral changes to all UK government contracts to comply with impending changes in EU data privacy law. It’s not clear how the UK government intends to implement these contractual changes given that, in almost every case, the ...›

Protests and Litigation
January 4, 2018Post-Award Protest Primer Series

Organizational Conflicts of Interest (Post-Award Protest Primer #13)

Today we’ll consider Organizational Conflicts of Interest (OCIs) as a ground of protest.  The Federal Acquisition Regulation (FAR) defines an OCI as a situation where “because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in ...›