June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo
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 roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (“Court”). These decisions involve (1) the consequences of failing to scrutinize the terms of an indefinite-delivery indefinite-quantity... ›
Supreme Court to Consider Whether the Government Can Dismiss a False Claims Act Suit if It Opted Not to Intervene at the Outset
By: J. Alex Ward and Victoria Dalcourt AngleThe U.S. Supreme Court has agreed to consider whether the Government can dismiss a False Claims Act (“FCA”) lawsuit pursuant to 31 U.S.C. § 3730(c)(2)(A) over the Relator’s objections after initially choosing not to intervene in the case and, if so, what standard applies.... ›
Morrison Foerster Government Contracts Attorneys Recognized in Chambers USA 2022 Rankings
By: Kevin P. Mullen, Tina D. Reynolds, J. Alex Ward, David A. Churchill and W. Jay DeVecchioChambers USA 2022 has recognized Morrison Foerster’s Government Contracts and Public Procurement Practice and attorneys for their outstanding work. Our practice group was again one of only five groups in the country to be ranked as Band One Elite for government contracts. Read what clients are... ›
DoD Calls for Continued Flexibility in Contract Place of Performance
By: Markus Gerhard SpeidelIn a win for remote contractors, the U.S. Department of Defense (DoD) expressed its continued preference for remote work under its contracts. In a memorandum issued earlier this month, the Office of the Under Secretary of Defense (OUSD) asked contracting officers (COs) not to... ›
May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling
By: Alissandra Young McCannThis month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different helpful reminder for contractors. The Court of Federal Claims decision is a reminder... ›
SBA Finalizes Changes in How to Calculate Size for Various Programs
By: Damien C. Specht, James A. Tucker and Alissandra Young McCannEarlier this week, the U.S. Small Business Administration (SBA) issued a Final Rule adopting changes to how a concern calculates its number of employees for eligibility purposes in all of SBA’s programs, as well as how a concern calculates average annual receipts for SBA’s... ›
Five Million Reasons for Government Contracts Lawyers to Assist with the Acquisition of Companies That Perform Government Contracts
By: James A. Tucker, Damien C. Specht and Alissandra Young McCannDue diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that experienced government contracts attorneys be part of the due diligence... ›
Sekri, Inc. V. United States: Are Pre-proposal-submission Email Exchanges Now Enough to Avoid Blue & Gold Waiver?
By: James A. TuckerIn the seminal decision Blue & Gold Fleet, L.P. v. United States , the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a patent error and... ›
April 2022 Bid Protest Spotlight: Late-Is-Late, Party Interest, Timeliness
By: Caitlin A. CrujidoThis month’s Bid Protest Roundup examines three recent decisions by the U.S. Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). The first two protests involve late proposal submissions both at the GAO and at the COFC, and the third involves establishing interested... ›
Aerojet Settles False Claims Act Case Alleging That the Company Misrepresented Its Compliance with Cybersecurity Requirements
By: J. Alex Ward, Tina D. Reynolds and Victoria Dalcourt AngleAerojet and the qui tam relator have entered into a 13th hour settlement—after a jury was seated and the trial was underway—to resolve the much-watched United States ex rel. Brian Markus v. Aerojet Rocketdyne, Inc. False Claims Act (“FCA”) case. The parties—including the Department... ›