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Government Contracts Insights

A blog by Morrison Foerster LLP in General

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Entries in this blog

Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

A recent decision, Independent Rough Terrain Center, LLC v. United States (“IRTC”),[1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of other transaction (“OTs”) for Department of Defense prototype projects. View the full article

The End of Chevron Deference: What It Means for False Claims Act Litigation

Under the Supreme Court’s decision in Chevron USA Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), for decades courts have sometimes been required “to defer to ‘permissible’ agency interpretations of [ambiguities in] statutes those agencies administer—even when a reviewing court reads the statute differently.” View the full article

The End of Chevron Deference: What It Means for Government Contractors

On June 28, 2024, the Supreme Court of the United States overruled a cornerstone of contemporary administrative law when it determined­­­­, in a 6-3 ruling, that the Supreme Court’s decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was wrongly decided. View the full article

OHA Rules Company Remains Eligible for Award of Small Business Set-Aside Schedule Orders Even After Acquisition by a Large Business

The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from continuing to bid on set-aside orders under its General Services Administration Federal Supply Schedule (FSS) contract. View the full article

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Earlier this month, the Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 designed to impose new restrictions on the sale and use of certain semiconductor technology.View the full article

March 2024 Bid Protest Roundup: “Each Procurement Stands on Its Own”; Responsibility Determinations; Trade Agreement Act Compliance

In our bid protest roundup for March, we consider three recent decisions of the Government Accountability Office (GAO).  The first explains why similar proposals for similar requirements under similar evaluation criteria may legitimately receive very different ratings from one procurement to the next.View the full article

DOD’s Proposed Data Rights Regulations For MOSA Undercut Its Pursuit Of Commercial Innovation

On November 17, 2023, the Department of Defense published its long-awaited proposed revisions to the Defense Federal Acquisition Regulation Supplement data rights regulations to implement a Modular Open Systems Approach (MOSA). 88 Fed. Reg. 80258. View the full article

Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission. The second, Kauffman and Associates, Inc., illustrates how a latent ambiguity in the solicitation can reset the competition. The third, Conti Federal Services, emphasizes that an agency’s upward cost adjustment must remain reasonable.View the full article

OMB Says Agencies “Should” Perform a Rule of Two Analysis and Set Aside Requirements for Task Orders Under Multiple-Award Contracts

The U.S. Office of Management and Budget (OMB) has issued a policy memorandum with a goal of promoting small business participation under multiple-award indefinite delivery/indefinite quantity contracts (MACs).View the full article

Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors

On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to disclose compensation being offered in job postings.View the full article

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