Hope(less) Village Finds Hope at the GAO
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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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- 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. ,... ›
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... ›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,... ›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... ›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... ›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.... ›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... ›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... ›Cry Havoc and Let Slip the Risks of War
By: J. Alex Ward and Victoria Dalcourt Angle
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... ›Know When To Fold ’Em: When An Appeal Decision Is Worse Than The Final Decision Under Appeal
By: James A. Tucker
Kenny 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.... ›