Protests and Litigation
April 5, 2021Protests & Litigation

March 2021 Bid Protest Roundup

This past month marked the release of multiple notable bid protest decisions. On an issue of first impression, the Federal Circuit in Safeguard Base Operations[1] held that the Court of Federal Claims (COFC) has jurisdiction over bid protests based on the implied-in-fact contract theory that the government must evaluate bids fairly. In both VS2, LLC,[2] ...›

April 1, 2021Coronavirus, Small Business

All Is Not Forgiven: PPP Forgiveness and Credits

On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled:  “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations:  What It Means for Government Contractors.”  The hearing focused specifically on the interplay between Paycheck Protection Program (PPP) loan forgiveness and Federal Acquisition Regulation (FAR) 31.201-5 ...›

Protests and Litigation
March 9, 2021Protests & Litigation

February 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a Federal Circuit decision clarifying the protest timelines applicable for triggering a stay of contract performance; and (3) a decision reaffirming the ...›

FCA
March 4, 2021False Claims Act

MoForecast Podcast: Predictions on the False Claims Act (FCA)

In this episode of MoForecast, James Koukios speaks with Government Contracts Co-chair Alex Ward and Investigations + White Collar partner Brian Kidd about what to expect in the False Claims Act (FCA) space under the Biden Administration. Brian Kidd recently joined the firm from the U.S. Department of Justice, where he most recently served as ...›

U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement

The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of thousands of government computers without using license-tracking software to monitor and limit the number of simultaneous users.  The court’s decision is significant, not only ...›

FCPA
February 17, 2021Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for January 2021

In 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: Which countries had the best, and the worst, showings in Transparency International’s 2020 Corruption Perceptions Index? What new anti-corruption agency was ...›

February 9, 2021Protests & Litigation

January 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Law360 bid protest spotlight examines three recent protest decisions, each offering a cautionary tale to offerors in the stages prior to contract award.  The first, HWI Gear[i], emphasizes the requirement for small businesses undergoing an acquisition to recertify their size status on their pending proposals.  In the next, Perspecta[ii], the Court of Federal ...›

February 8, 2021Protests & Litigation

Stays of Performance During a GAO Bid Protest: Federal Circuit Says That Five Days After the Debriefing Date Means Five Days After the Debriefing Date

The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract performance in post-award protests to the Government Accountability Office (GAO). Last year, we briefly discussed an unusual ...›