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Government Contracts Insights

A blog by Morrison Foerster LLP in General

  • Entries

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Entries in this blog

Supreme Court to Consider the False Claims Act’s Intent Standard

On Friday, January 13, the Supreme Court agreed to consider whether the False Claims Act (“FCA”) covers compliance lapses tied to regulatory interpretations that are incorrect but “objectively reasonable.” The Supreme Court granted petitions for writs of certiorari in two cases, United States ex rel. Schutte v. SuperValu, Inc. and United States ex rel. Proctor v. Safeway, Inc., which will be consolidated and set for oral argument. The Supreme Court’s decision in the cases should resolve a circui

A Bluer Shade of Blue: All “outstandings” Are Not Created Equal

A common mistake in competitive procurements is a mechanical fixation on the adjectival ratings, color ratings, or numerical “scores” a procuring agency assigns a proposal under a particular evaluation factor. In best value tradeoff acquisitions, one often hears (from both contractors and government personnel) that, if two proposals have the same adjectival ratings, then the only rational choice is for the government to the award the contract to the lower-priced offeror. This common view is wron

December 2022 Bid Protest Roundup: Misrepresentations of Key Personnel, Mandatory-Source Saga Continued

This month’s Bid Protest Roundup considers two recent protests: (1) an important decision by the U.S. Government Accountability Office (GAO) concerning the awardee’s misrepresentation of the availability View the full article

Fifth Circuit Affirms Preliminary Injunction of Contractor Vaccine Mandate

A divided panel of the U.S. Court of Appeals for the Fifth Circuit on December 19, 2022, upheld a preliminary injunction of Executive Order 14042, halting the Biden administration’s effort to impose on federal contractors a variety of COVID-19 safety protocols.View the full article

THE GOVERNMENT CONTRACTOR: Unrecognized and Overt Pressure on Contractors' Data and Software Rights: Risks Posed by H Clauses, Innocuous Acronyms (IPT, IDE, SaaS, DAL), and The Cloud

What do you really know about the data and software rights your engineers may well be giving up every day through Integrated Data Environments, Integrated Products Teams, the Cloud and such? Probably not enough, suggests Jay DeVecchio in an article for The Government Contractor discussing the hidden risks posed by daily interactions with the government on activities bearing innocuous acronyms (IPT, IDE, SaaS, DAL)View the full article

Deciphering the GAO’s Bid Protest Statistics for FY 2022

Each year around this time, the U.S. Government Accountability Office (GAO) publishes its annual report to Congress on bid protests. Earlier this week, the GAO published the report for Fiscal Year (FY) 2022. The following are the updated statistics at a glance, in the context of the four preceding government fiscal years:View the full article

September 2022 Bid Protest Roundup: Challenges to Corrective Action; Discarded Proposals, and Best Value Determinations

This month’s Bid Protest Roundup covers three recent U.S. Government Accountability Office (GAO) decisions: a challenge to an agency’s decision to take corrective action, a protest that an agency unfairly View the full article

“I Get By with a Little Help from My Friends”: Relying on Affiliate Past Performance and Experience

For evaluation purposes in a federal procurement, may an offeror rely upon the past performance and experience of its affiliates? The answer generally is a qualified yes, but the answer and the qualifications may change depending on the terms of each solicitation. If, on the other hand, the question is whether affiliation alone entitles one to cite an affiliate’s past performance or experience, the answer is almost universally no.View the full article

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