ABA Federal Procurement Institute — MoFo Attorneys Co-Chair and Moderate Panels
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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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- During next week’s ABA Federal Procurement Institute , March 13-16, 2019 in Annapolis, MD, three Morrison & Foerster Government Contracts attorneys will be participating. Partner Damien Specht will serve as one of the conference co-chairs. He is also co-chair of the ABA Public Contract... ›
GAO Continues to Expand the Scope of “Prototypes” DoD May Buy Through OTs
By: Locke Bell and Victoria Dalcourt AngleThe most common question we hear from clients about the recent boom in the Department of Defense’s spending on other transactions, or OTs, is a simple one: How can I get in on the action? Understandably, OTs – essentially contracts not subject to procurement... ›
Undefinitized Contract Action Proposed Rule
By: James A. TuckerIn the National Defense Authorization Acts for 2017 and 2018, Congress required the Department of Defense (DOD) to implement certain reforms for issuing and definitizing Undefinitized Contract Actions (UCAs). After a long delay, DOD has issued a proposed rule and requested comments from industry.... ›
February 2019 Bid Protest Roundup
By: James A. TuckerThis month’s selection of bid protests includes discussion of: (1) a successful challenge to a subcontracting restriction in the General Services Administration’s One Acquisition Solution for Integrated Services (OASIS) solicitation; (2) an explanation of whose experience an agency can consider when a solicitation provides... ›
Federal Government Expansion and Application of Artificial Intelligence Technologies
By: Tina D. ReynoldsBy all accounts 2019 will bring significant expansion in the use and development of artificial intelligence (AI) by the U.S. federal government. Notwithstanding some well-publicized rejections by industry of the use of their AI technologies for offensive military and surveillance applications, the federal government... ›
Cry Havoc and Let Slip the Risks of War
By: J. Alex Ward and Victoria Dalcourt AngleIn 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... ›
Know When To Fold ’Em: When An Appeal Decision Is Worse Than The Final Decision Under Appeal
By: James A. TuckerKenny Rogers once offered some sage advice that’s as applicable to Government contractors as it is to gamblers and human beings in general: You gotta know when to hold ’em, Know when to fold ’em, Know when to walk away, Know when to run.... ›
Top 10 International Anti-Corruption Developments for January 2019
By: James M. Koukios and Charles E. DurossIn 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 in the past month, with links to primary resources. This month we ask: Which countries rose and which fell in... ›
January 2019 Bid Protest RoundupDespite 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... ›
In Wyle, the GAO Gives Another Reminder of Risks Associated with Pending Procurements During a TransactionAlthough 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... ›