Topic Archives: Compliance

July 6, 2020Compliance, False Claims Act

Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers

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 Point: The Division has heightened scrutiny of anticompetitive conduct in the ...›

Defense

Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security

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 ¶ 37252 (Jan. 24, 2019), for example, the Armed Services Board of Contract ...›

Update: COVID-19/Coronavirus Webinar Series: Concerns for Government Contractors (MATERIALS)

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 must know to prepare for disruptions. Topics will include: Excusable Delays and ...›

Coronavirus (COVID-19) Update: Keep Calm, Wash Your Hands, and Know Your Rights

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, as reported earlier this week in National Defense magazine, Representative Mac ...›

Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends

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 with the “Government Purpose Rights” legend prescribed by the DFARS. [iii] Among other ...›

Compliance
January 15, 2020Compliance, Protests & Litigation

Defective Certifications: Where to Draw the Line?

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 error so long as it is made before the issuance of a ...›

November 11, 2019Compliance, Federal Procurement

DOJ Takes Aim at Collusion in Government Procurement with New Strike Force

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 criminal indictments in the past year of bid rigging among government ...›

DOD Promulgates Long-awaited Restrictions on LPTA Procurement

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 for FY 2017 and 2018. The final rule can be found ...›