Government Contracts Insights

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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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 15, 2019 - Protests & Litigation, Defense, Compliance
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
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February 14, 2019 - Protests & Litigation
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.
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February 12, 2019 - Protests & Litigation
January 2019 Bid Protest Roundup
Despite 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
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February 05, 2019 - Protests & Litigation, Compliance, Mergers & Acquisitions
In Wyle, the GAO Gives Another Reminder of Risks Associated with Pending Procurements During a Transaction
Although 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
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January 25, 2019 - Protests & Litigation, Defense, Compliance
Who Bears the Risks of War?
By: J. Alex Ward and Victoria Dalcourt Angle
On the eve of the Vicksburg campaign in October 1862, Abraham Lincoln instructed Ulysses S. Grant, “Follow law, and forms of law, as far as convenient.” In a war zone, Lincoln seemed to recognize, there may be some uncertainty in the application of the
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January 07, 2019 - Protests & Litigation
2018 Protest Roundup
By: Victoria Dalcourt Angle
In this post, we not only provide our regular recap of key protest decisions from December 2018, but also discuss some of the key decisions from 2018 as well as a few take-aways from the GAO’s Fiscal Year 2018 report on its bid protest
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November 07, 2018 - Acquisition Regulations, Protests & Litigation, Compliance
Of Human Bondage and Christian Doctrine
By: James A. Tucker
To be clear, the bondage here is the bond requirement under Federal construction contracts, and the doctrine does not appear in the catechism but in the Court of Claims’ old decision in G. L. Christian & Associates v. United States , 312 F.2d 418
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October 03, 2018 - Acquisition Regulations, Protests & Litigation, Compliance
GAO Sharpening its Blade [Strategies] on OTA Review
By: Locke Bell and Victoria Dalcourt Angle
The Government Accountability Office’s (GAO) recent decision in Blade Strategies, LLC , B-416752, 2018 WL 4584111 (Comp. Gen. Sept. 24, 2018) , clarifies the GAO’s jurisdiction and standard of review for protests of other transaction agreements (OTAs), and also serves as a good reminder
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Topic Archives: Protests & Litigation

ABA Federal Procurement Institute — MoFo Attorneys Co-Chair and Moderate Panels

By: Kevin P. Mullen, Damien C. Specht and Sandeep N. Nandivada

February 2019 Bid Protest Roundup

By: James A. Tucker

Cry Havoc and Let Slip the Risks of War

By: J. Alex Ward and Victoria Dalcourt Angle

Know When To Fold ’Em: When An Appeal Decision Is Worse Than The Final Decision Under Appeal

By: James A. Tucker

January 2019 Bid Protest Roundup

In Wyle, the GAO Gives Another Reminder of Risks Associated with Pending Procurements During a Transaction

Who Bears the Risks of War?

By: J. Alex Ward and Victoria Dalcourt Angle

2018 Protest Roundup

By: Victoria Dalcourt Angle

Of Human Bondage and Christian Doctrine

By: James A. Tucker

GAO Sharpening its Blade [Strategies] on OTA Review

By: Locke Bell and Victoria Dalcourt Angle