FCA
January 29, 2018False Claims Act

DOJ Takes On Meritless Qui Tam Actions

A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to risk their reputations to fight False Claims Act (FCA) allegations.  While the FCA has long explicitly authorized DOJ to seek ...›

Compliance
January 25, 2018Compliance

Don’t Mean to Harsh Your Mellow, But…

In a time of uncertainty caused by competing state and federal laws surrounding the use of recreational marijuana, the Drug-Free Workplace Act sets forth clear expectations for government contractors: they must follow federal laws prohibiting drug use when operating in states that allow such use. This is an obligation that is more important than ever ...›

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 ...›