Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction
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Morrison Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement. Through Insights, attorneys from our nationally recognized Government Contracts and Public Procurement practice will offer a real-time assessment of the statutory, regulatory, legal, and business-related developments that are shaping the industry. This blog will also examine a full array of U.S. and non-U.S. public procurement issues, mindful that our clients compete in a global marketplace.
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- A recent decision, Independent Rough Terrain Center, LLC v. United States (“ IRTC ”), [1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of other transaction (“OTs”) for Department of Defense prototype projects. The... ›
Procurement Integrity Act
By: Sandeep N. Nandivada
The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits knowingly disclosing, or knowingly obtaining, source selection information or contractor bid or proposal... ›The End of Chevron Deference: What It Means for False Claims Act Litigation
By: J. Alex Ward and Victoria Dalcourt Angle
Under the Supreme Court’s decision in Chevron USA Inc. v. Natural Resources Defense Council, Inc. , 467 U.S. 837 (1984), for decades courts have sometimes been required “to defer to ‘permissible’ agency interpretations of [ambiguities in] statutes those agencies administer—even when a reviewing court... ›The End of Chevron Deference: What It Means for Government Contractors
By: Sandeep N. Nandivada
On June 28, 2024, the Supreme Court of the United States overruled a cornerstone of contemporary administrative law when it determined, in a 6-3 ruling, that the Supreme Court’s decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. , 467 U.S. 837... ›OHA Rules Company Remains Eligible for Award of Small Business Set-Aside Schedule Orders Even After Acquisition by a Large Business
By: James A. Tucker and Damien C. Specht
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from continuing to bid on set-aside orders under its General Services Administration... ›Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency
By: Nicole E. Giles
The first decision, Kearney & Co. v. U.S. , explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services Administration federal supply schedule contracts.[1] The second details GAO... ›Has the GAO Opened the Door to Certain Other Transaction (OT) Bid Protests?
By: Locke Bell
Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the Competition in Contracting Act (CICA), Federal Acquisition Regulation (FAR),... ›Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology
By: Tina D. Reynolds
Earlier this month, the Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 designed to impose new restrictions on the sale and... ›- - Defense
A Sigh of Relief: DoD Issues Class Deviation for DFARS 252.204-7012
By: Sandeep N. Nandivada and Tina D. Reynolds
On May 2, 2024, the U.S. Department of Defense (DoD) issued an important class deviation that provides necessary relief for contractors endeavoring to comply with ever-changing cybersecurity requirements. The deviation applies to Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7012, Safeguarding Covered Defense Information and Cyber... › Airing of Grievances: FAR Council Invites Novation Comments
By: Damien C. Specht, James A. Tucker, Nicole E. Giles and Liam M. Bowers
Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors related to novation and change-of-name agreements under FAR 42.12. In particular, the FAR... ›