Five Million Reasons for Government Contracts Lawyers to Assist with the Acquisition of Companies That Perform Government Contracts
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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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- Due diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that experienced government contracts attorneys be part of the due diligence... ›
Sekri, Inc. V. United States: Are Pre-proposal-submission Email Exchanges Now Enough to Avoid Blue & Gold Waiver?
By: James A. TuckerIn the seminal decision Blue & Gold Fleet, L.P. v. United States , the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a patent error and... ›
April 2022 Bid Protest Spotlight: Late-Is-Late, Party Interest, Timeliness
By: Caitlin A. CrujidoThis month’s Bid Protest Roundup examines three recent decisions by the U.S. Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). The first two protests involve late proposal submissions both at the GAO and at the COFC, and the third involves establishing interested... ›
Aerojet Settles False Claims Act Case Alleging That the Company Misrepresented Its Compliance with Cybersecurity Requirements
By: J. Alex Ward, Tina D. Reynolds and Victoria Dalcourt AngleAerojet and the qui tam relator have entered into a 13th hour settlement—after a jury was seated and the trial was underway—to resolve the much-watched United States ex rel. Brian Markus v. Aerojet Rocketdyne, Inc. False Claims Act (“FCA”) case. The parties—including the Department... ›
Eleventh Circuit Hears Oral Argument in EO 14042 Preliminary Injunction Appeal
By: Joseph R. Palmore, J. Alex Ward, Adam L. Sorensen and Krista A. NunezLawyers for the U.S. government and challengers to the federal contractor vaccine mandate both faced tough questions from an Eleventh Circuit panel in Atlanta, Georgia on Friday, April 8, 2022. The appeal from the Southern District of Georgia’s decision preliminarily enjoining Executive Order 14042... ›
Sustainable Procurement FAR Case to Clarify FAR Part 23
By: Markus Gerhard SpeidelRegulatory action around sustainable procurement and climate change continues to heat up. A recent Federal Acquisition Regulation (FAR) case on Sustainable Procurement takes another step towards implementing the Biden administration’s ambitious vision of leveraging federal procurement to confront the climate crisis. FAR case 2022-006 will implement... ›
March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts of Interest, and Insufficient Documentation
By: Lyle F. HedgecockThis month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims. All involve defense procurements, but each offers a unique lesson for offerors and government procurement professionals. This Roundup features a protester that... ›
OFCCP Signals Return to More Aggressive and Less Transparent Audits
By: Andrew R. TurnbullIn the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the Trump Administration. Read the full client alert.... ›
False Claims in Independent Research and Development (IR&D): Federal District Court Adopts ATK Thiokol as the Knowledge Standard
By: W. Jay DeVecchio and Locke BellMany government contractors, like other private enterprises, invest heavily in research and development (R&D) to improve the products and services they offer, in hopes of better meeting their customers’ needs. When those R&D efforts are “independent” of any particular contract—hence “IR&D” or “IRAD”—the associated... ›
FAR Council Tightens Buy American Act Requirements
By: Markus Gerhard SpeidelEarlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued a final rule tightening the Buy American Act preference for domestic products and construction materials. The final rule makes only limited changes to the proposed rule we previously commented on. First , the... ›