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 ...›

Small Business
December 11, 2017Small Business

Court of Federal Claims Rejects SBA Decision that Future Conditional Restriction on Stock Ownership Destroys “Unconditional Ownership”

Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business qualified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) by VA standards, but not at the SBA (or vice versa).  One such puzzler is the requirement for unconditional ...›

Protests and Litigation
December 7, 2017Protests & Litigation

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”).  The first reminds contractors that competitors can work together when failing to do so will result in bad procurement precedence that will cause them future competitive harm.  The second reminds contractors that it may ...›

Protests and Litigation
December 5, 2017Post-Award Protest Primer Series

Discussions Vs. Clarifications Vs. Communications, And Agency Discretion (Post-Award Protest Primer #12)

In our last post, we looked at the most common protest grounds related to discussions:  lack of meaningful discussions, misleading discussions, and unequal discussions.  Today we’ll discuss how discussions differ from clarifications and pre-competitive range communications, as well as the Government’s discretion to conduct (or not conduct) such exchanges. Discussions, as we noted last time, ...›

Small Business
December 4, 2017M&A

MoFo Partner Charlie Katz Quoted in Washington Business Journal Article on Government Contracts Mergers

Charlie Katz, managing partner of Morrison & Foerster’s Northern Virginia office, was quoted in the Washington Business Journal’s article, “Contract to wed: What’s driving government contracting deals?” The article, published on December 1, 2017, discusses recent government contracts mergers and the top three reasons behind the M&A activity across the sector. Charlie touched on how ...›

FCPA
November 30, 2017Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for October 2017

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: What are the latest developments in the U.S. Department of Justice’s (DOJ) sweeping investigation into alleged corruption in ...›