Government Contracts Insights

July 06, 2020 - Compliance, False Claims Act
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. Gerking
The 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
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June 11, 2020 - Protests & Litigation, Defense, Compliance
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 Angle
We 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 ¶
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May 18, 2020 - Protests & Litigation, Defense, Compliance, Coronavirus
Contracting in the Fog of War: Recovering Costs Caused by an Epidemic
By: J. Alex Ward and Victoria Dalcourt Angle
Like the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post , responding to COVID-19 raises wartime contracting issues on the home front and abroad. In “
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March 20, 2020 - Federal Procurement, Compliance, Coronavirus
Update: COVID-19/Coronavirus Webinar Series: Concerns for Government Contractors (MATERIALS)
By: J. Alex Ward
Updated to add final materials, which can be accessed here. Replays of the webinar can be accessed here. Please join Morrison & Foerster Government Contracts + Public Procurement practice co-chair Alex Ward , and partner Dan Chudd for a webinar concerning what government contractors
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March 05, 2020 - Federal Procurement, Labor & Employment, Defense, Compliance, Coronavirus
Coronavirus (COVID-19) Update: Keep Calm, Wash Your Hands, and Know Your Rights
By: Locke Bell
As the novel coronavirus, COVID-19, invades more and more of everyday life, the chance it will affect government contracts and government contractors becomes more and more likely. These effects might include workforce reductions from those out sick, travel restrictions, base closures, or telework. Indeed,
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February 04, 2020 - Protests & Litigation, Defense, Compliance, Data Rights, Intellectual Property
Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends
By: James A. Tucker and Locke Bell
The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States. [i] In that case, Raytheon asked the Court to review a contracting officer’s demand that Raytheon replace its common proprietary, not-subject-to-release-under-FOIA [ii] marking
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January 15, 2020 - Protests & Litigation, Compliance
Defective Certifications: Where to Draw the Line?
By: Caitlin A. Crujido
Somewhat surprisingly, the end of 2019 provided two decisions regarding defective certifications, including one from the Federal Circuit. The first case, Kirlin Builders, LLC , ASBCA No. 61901, reminds readers that a defective certification, as opposed to no certification at all, is a correctable
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November 11, 2019 - Federal Procurement, Compliance
DOJ Takes Aim at Collusion in Government Procurement with New Strike Force
By: Megan E. Gerking
On November 5, 2019, the Department of Justice (DOJ) announced the creation of a new Procurement Collusion Strike Force (PCSF) focused on deterring, detecting, investigating, and prosecuting antitrust crimes, especially bid-rigging, in government procurement at the federal, state, and local levels. This follows several
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October 22, 2019 - Compliance
MoForward 2020 Sneak Peek: A Practical and Economical Approach to Internal Investigations
By: Sandeep N. Nandivada
Mark your calendars for MoFo’s third annual MoForward program, which will be held once again at the Ritz Carlton Tysons Corner, in two weeks , on November 5. For more details and to register, click here. Facing an internal investigation is virtually a given
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September 27, 2019 - Federal Procurement, Protests & Litigation, Defense, Compliance
DOD Promulgates Long-awaited Restrictions on LPTA Procurement
By: James A. Tucker
The Department of Defense (DOD) has promulgated the final rule restricting DOD’s use of Lowest Price Technically Acceptable (LPTA) acquisition methods. The final rule adopts, without any substantive changes, the proposed rule published last December and implements sections of the National Defense Authorization Acts
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