June 2020 Bid Protest Roundup (Law360 Spotlight)
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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.
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- While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundup makes clear that the Federal Courts are business as usual, with three decisions from the Court of Federal Claims... ›
Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers
By: Lisa M. Phelan, Bonnie Lau, Eliot A. Adelson and Megan E. GerkingThe following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2020.” To read the entire newsletter, please click here. Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers Key... ›
SBA’s Implementation of the Paycheck Protection Program Flexibility Act in Wave of New Rules and Application Forms
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCannAs we previously reported , the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”) became law earlier this month, introducing numerous changes to the Paycheck Protection Program (PPP). The PPP, which is part of the CARES Act,  provides aid to qualifying small businesses... ›
Hot Topics in Government Contracting Virtual Conference – MoFo’s Ali Young Speaking
By: Alissandra Young McCannPlease join MoFo associate Ali Young during Jennifer Schaus & Associates’ Hot Topics in Government Contracting Virtual Conference on Tuesday, June 23, 2020. Ali’s session, “SBA New Regulations & What It Means for Small Business,” will start at 9AM EST. Ali will cover areas... ›
Closing the Gap – European Union to Challenge Foreign Subsidies
By: Felix Helmstädter and Theresa OehmForeign Subsidies Could Soon Become The Subject of Specified EU Regulations The EU Commission wants to create regulations to tackle impacts of foreign government funding in the EU. In its “White Paper on levelling the playing field as regards foreign subsidies,” published on June... ›
Top 10 International Anti-Corruption Developments for May 2020
By: Charles E. Duross and James M. KoukiosIn order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: How will the reversal of the “Bridgegate”... ›
FedPubs Intellectual Property Series (June 16-30)
By: W. Jay DeVecchio, Tina D. Reynolds and Locke BellMoFo partner Tina Reynolds, senior counsel Jay DeVecchio, and associate Locke Bell will be presenting an upcoming FedPubs 3-part webinar series on intellectual property rules and regulations in government contracting. The series will provide an overview of the key principles governing the allocation of... ›
Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security
By: J. Alex Ward and Victoria Dalcourt AngleWe have previously written about the challenges contractors face when pursuing costs incurred because of combat zone risks. These risks, and the resulting costs, can be unpredictable and are not always compensable. In ECC Int’l Constructors, LLC , ASBCA No. 59138, 19-1 BCA ¶... ›
Materiality & the Public Disclosure Bar: Fending Off Qui Tam Attacks
By: Victoria Dalcourt AngleEnforcement activity by the U.S. Government historically spikes in the wake of heightened government spending, whether a result of wars, recessions, or natural disasters. Following the unprecedented infusion of public money to combat COVID-19 and stabilize the economy, contractors may anticipate a similar sharp... ›
May Bid Protest Roundup (Law360 Spotlight)
By: Alissandra Young McCannThis month’s Law360 spotlight examines three protest decisions addressing first article testing, proprietary information in unsolicited proposals, and timely submittal of proposals. In SSI Technology [i] , the U.S. Court of Federal Claims (COFC) found a sole source award for urgently needed parts appropriate... ›