August 13, 2021 - Protests & Litigation

Proposed Rule for Tightening Buy American Act Restrictions

We previously commented on one aspect of the Trump Administration’s America-First policies that the Biden Administration has embraced wholeheartedly: doubling down on domestic preferences in Federal procurements. Consistent with the previous and current administrations’ policies, the FAR Councils recently released a proposed rule to …›

August 11, 2021 - Protests & Litigation

JULY 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)

This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to contract interpretation, price realism analyses and post hoc extensions of proposal …›

June 8, 2021 - Protests & Litigation

May 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Bid Protest Roundup (featured on Law360) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC[1], highlights the importance of submitting a sufficiently clear proposal; the second, M R Pittman …›

May 28, 2021 - Protests & Litigation

Morrison & Foerster Government Contracts Attorneys Recognized in Chambers USA 2021 Rankings

Chambers USA again recognizes Morrison & Foerster as one of only four Band I government contracts practices in the country and highlights multiple attorneys for particular excellence in the field. Read what clients are saying about us in this year’s publication: …›

May 7, 2021 - Protests & Litigation

APRIL 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)

This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration (GSA) schedule contract; (2) whether an agency improperly used an unstated evaluation criterion; and …›

April 5, 2021 - Protests & 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 …›

March 9, 2021 - Protests & 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 …›

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 …›