March 2019 Bid Protest Roundup
Welcome to the Government Contracts Insights Blog
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.
Read about our Authors.
Never miss a post. Subscribe to get real-time updates.
- This month’s bid protest round-up includes decisions from the Court of Federal Claims and the Government Accountability Office regarding the Competition in Contracting Act (CICA) automatic stay, agency responsibility and discretion, and the importance of complying with solicitation requirements. Technica LLC v. United States... ›
OFCCP Announces FY2019 Audits
By: Andrew R. TurnbullOn March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published the list of contractors that are scheduled to receive Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters OFCCP sends to contractors to alert them that one or more of their... ›
Government Contracts Insights’ Contributors Dan Chudd and Jim Tucker Receive JD Supra Readers’ Choice AwardWe’re proud to announce that the online platform JD Supra has named Government Contracts Insights’ contributors Dan Chudd (who serves as the blog’s Managing Editor) and Jim Tucker as “Top Authors” in its 2019 Readers’ Choice Awards. Dan and Jim were chosen from among... ›
Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty
By: Damien C. Specht and James A. TuckerThose familiar with Federal procurements know the general rule: If you submit a proposal against a solicitation despite disagreeing with one of its provisions, you usually waive the right to challenge that provision in the future. That rule applies to bid protests at both... ›
Hope(less) Village Finds Hope at the GAO
By: Caitlin A. CrujidoWhile February is the shortest month of the year, there was certainly no shortage of bid protests at the Government Accountability Office (“GAO”), which is why we decided to supplement our monthly Bid Protest Round-up with a bonus summary. In Hope Village, Inc. ,... ›
Top 10 International Anti-Corruption Developments for February 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: What did a U.S. appellate court say... ›
DOJ Plans to Dismiss Another Whistleblower FCA Case
By: J. Alex WardIn the ever-evolving False Claims Act (FCA) arena, the Government told the court that it intends to move to dismiss a whistleblower suit against United Health Group’s Executive Health Resources, Inc. (EHR) for allegedly assisting hospitals in overcharging for outpatient care. The Granston Memo,... ›
ABA Federal Procurement Institute — MoFo Attorneys Co-Chair and Moderate Panels
By: Kevin P. Mullen, Damien C. Specht and Sandeep N. NandivadaDuring 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.... ›