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.

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March 27, 2019 - Announcements & Press
Government Contracts Insights’ Contributors Dan Chudd and Jim Tucker Receive JD Supra Readers’ Choice Award
We’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 the
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March 26, 2019 - Protests & Litigation, Small Business
Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty
By: Damien C. Specht and James A. Tucker
Those 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
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March 21, 2019 - Protests & Litigation
Hope(less) Village Finds Hope at the GAO
By: Caitlin A. Crujido
While 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. ,
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March 20, 2019 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for February 2019
By: James M. Koukios and Charles E. Duross
In 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
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March 11, 2019 - False Claims Act
DOJ Plans to Dismiss Another Whistleblower FCA Case
By: J. Alex Ward
In 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,
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March 07, 2019 - Protests & Litigation, Defense, Artificial Intelligence + Robotics
ABA Federal Procurement Institute — MoFo Attorneys Co-Chair and Moderate Panels
By: Kevin P. Mullen, Damien C. Specht and Sandeep N. Nandivada
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
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March 04, 2019 - Acquisition Regulations, Defense
GAO Continues to Expand the Scope of “Prototypes” DoD May Buy Through OTs
By: Locke Bell and Victoria Dalcourt Angle
The 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
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March 01, 2019 - Federal Procurement, Defense, Compliance
Undefinitized Contract Action Proposed Rule
By: James A. Tucker
In 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.
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February 28, 2019 - Protests & Litigation
February 2019 Bid Protest Roundup
By: James A. Tucker
This 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
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February 19, 2019 - Artificial Intelligence + Robotics
Federal Government Expansion and Application of Artificial Intelligence Technologies
By: Tina D. Reynolds
By 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
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