Litigation
December 1, 2016Protests & Litigation

Conference Committee Drops Controversial Bid Protest Reforms from NDAA FY 17, Opting Instead for More Study and a Higher Threshold for DoD Task Order Protests

Earlier this year, Congress toyed with the idea of significant reform to federal Government Accountability Office (“GAO”) bid protest procedures but in the end appears to have opted only to tinker with them and punt the issue into the next Congress. The proposed protest reforms were part of the Senate version of the National Defense ...›

FCA
November 29, 2016False Claims Act, Health Care

Tenet Case Signals Shift In Health Care Fraud Enforcement

Historically, the federal government has fought corporate healthcare fraud in two ways. First, the Department of Justice (“DOJ”) routinely intervenes in civil False Claims Act (“FCA”) cases filed by qui tam relators.  Second, the federal government typically has relied on individual U.S. Attorney’s Offices to initiate and prosecute criminal healthcare fraud cases.  Although DOJ relied ...›

FCA
November 28, 2016False Claims Act

Justices Should Stand Up for FCA Rules

The underlying facts of a False Claims Act case argued before the U.S. Supreme Court last week are the stuff of a good Hollywood blockbuster.  At the center of State Farm Fire and Casualty Co. v. U.S. ex rel. Rigsby are two sisters, Cori and Kerri Rigsby, who worked as claims adjusters for a company ...›

Defense
November 9, 2016Cybersecurity & Data Privacy, Defense

DoD Issues Proposed Rule Regarding Withholding and Dissemination of Unclassified Technical Data and Technology

On October 31, 2016, the Department of Defense (DoD) issued a proposed rule (81 Fed. Reg. 75352) to address DoD’s procedures for the withholding and dissemination of unclassified export-controlled technical data and technology.  The proposed rule focuses on regulating DoD’s public release of export-controlled technical data and technology, and DoD’s requirements for the transfer of ...›

Cybersecurity
November 8, 2016Cybersecurity & Data Privacy

PLI Webcast Briefing: What Every Government Contractor Needs to Know about Cybersecurity

On December 7, 2016 at 1PM EST, Morrison & Foerster Of Counsel Tina D. Reynolds will conduct a one-hour webcast briefing in conjunction with the Practising Law Institute.  Ms. Reynolds will examine emerging issues and topics of concern with respect to government contracts cybersecurity.  This briefing is intended to help you navigate complex government cybersecurity ...›

Litigation
November 8, 2016Protests & Litigation

October 2016 Protest Roundup

In October, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued notable decisions addressing (1) competition, (2) price realism and best value, and (3) organizational conflicts of interest (“OCI”).  Below we address these decisions, which offer the protest bar further clarity regarding agency evaluation and award obligations. Competition Areaka Trading ...›

Federal Procurement

Texas Court Temporarily Stops Implementation of Fair Pay and Safe Workplaces

Last week, Judge Marcia Crone of the United States District Court for the Eastern District of Texas stopped the implementation of controversial provisions of Executive Order 13673, Fair Pay and Safe Workplaces, the associated FAR rule and Department of Labor Guidance (“the rules”). The Executive Order, which was first issued in 2014, requires contracting officers ...›