Morrison Foerster LLP

This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office.View the full article

Size Recertifications Following Mergers and Acquisitions: Coming Changes to the Small Business RegulationsView the full article

The U.S. Department of Defense (DoD) issued a final rule bringing the Defense Federal Acquisition Regulation Supplement (DFARS) into alignment with changes to the Federal Acquisition Regulation (FAR) that reorganized Part 23 on Sustainable Procurement.View the full article

Summertime Sadness for Mentor Protégé Joint VenturesView the full article

Bid Protest Spotlight: Misplaced Information, Conclusory Tradeoffs, and Inexperienced ProtégésView the full article

FedRAMP to the FutureView the full article

This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. View the full article

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 Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements.View the full article

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

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

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

The first decision, Kearney & Co. v. U.S., explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services Administration federal supply schedule contracts.View the full article

Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. View the full article

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