Topic Archives: Protests & Litigation

Defense
February 15, 2019Compliance, Defense, Protests & Litigation

Cry Havoc and Let Slip the Risks of War

In last month’s post, we considered First Kuwaiti Trading & Contracting W.L.L., v. Dep’t of State, CBCA 3506, 2018 WL 6423911 (Dec. 3, 2018), and Appeal of ECC International, LLC, ASBCA 60484, 2018 WL 6251069 (Nov. 16, 2018), to reflect on how the risks of war are allocated between contractors and the government and how ...›

February 12, 2019Protests & Litigation

January 2019 Bid Protest Roundup

Despite the shutdown that impacted much of the federal government for the month, the Government Accountability Office (GAO) was fully funded and issued several decisions of note in January, including its decision in Wyle regarding the impact of transactions on pending procurements, which we wrote about in another post here.  This month’s roundup addresses three ...›

February 5, 2019Compliance, M&A, Protests & Litigation

In Wyle, the GAO Gives Another Reminder of Risks Associated with Pending Procurements During a Transaction

Although there are often significant rewards associated with transactions among government contractors, the transactions require careful planning and coordination.  Even then, there is a fair amount of risk during the process: the novation process (when required) is discretionary; the seller may have undisclosed violations of procurement law; organizational conflicts of interests may preclude the buyer ...›

Defense
January 25, 2019Compliance, Defense, Protests & Litigation

Who Bears the Risks of War?

On the eve of the Vicksburg campaign in October 1862, Abraham Lincoln instructed Ulysses S. Grant, “Follow law, and forms of law, as far as convenient.”  In a war zone, Lincoln seemed to recognize, there may be some uncertainty in the application of the law.  Unfortunately, that uncertainty also seems to apply to contractors’ claims ...›

January 7, 2019Protests & Litigation

2018 Protest Roundup

In this post, we not only provide our regular recap of key protest decisions from December 2018, but also discuss some of the key decisions from 2018 as well as a few take-aways from the GAO’s Fiscal Year 2018 report on its bid protest decisions. GAO Report on Fiscal Year 2018 The GAO’s busy workload ...›

Compliance

DOD’s Long-Awaited LPTA Regulations Expected in Fourth Quarter of FY 2019

For a number of years now, Lowest Price Technically Acceptable (LPTA) source-selection procedures have come under fire for overuse and misuse at the same time budget constraints make LPTA methods more enticing to some cash-strapped agencies. In an LPTA procurement, the Government evaluates proposals for mere technical acceptability under the solicitation’s stated evaluation criteria.  Of ...›

International

South Korean Fuel Contractors Agree to $236 Million Settlement for Role in Bid-Rigging Scheme

Antitrust Division Renews Focus on Seeking Civil Damages for Antitrust Violations Harming Government On November 14, 2018, the U.S. Department of Justice’s Antitrust Division (the “Division”) announced global settlements with three South Korea–based fuel companies for their role in a decade-long bid-rigging conspiracy that targeted fuel-supply contracts to U.S. military forces in South Korea. The ...›

Intellectual Property

Pub K’s Annual Review Webcast: MoFo Partners Jay DeVecchio and Kevin Mullen Speaking

On December 12, 2018, MoFo partners Jay DeVecchio and Kevin Mullen will participate in Pub K’s Annual Review LIVE Webcast. The Annual Review will provide analysis, updates, and outlook for government contracting professionals for FY 18-19. Jay’s panel, “Intellectual Property, Information Technology & Cybersecurity” will be held from 11:00AM-11:50AM. Kevin’s panel, “Protests” will be held ...›

Protests and Litigation
December 5, 2018Protests & Litigation

November 2018 Bid Protest Roundup

For this month’s bid protest roundup, we have identified four diverse bid protest decisions coming out of the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims.  The first two, CDO Technologies and Facility Services, remind would-be protesters of the dangers that may lie in waiting for a complete picture of the facts ...›