Government Contracts Insights

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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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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March 27, 2019 - Labor & Employment, Compliance
OFCCP Announces FY2019 Audits
By: Andrew R. Turnbull
On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published the list of contractors that are scheduled to receive Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters OFCCP sends to contractors to alert them that one or more of their
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March 01, 2019 - Federal Procurement, Defense, Compliance
Undefinitized Contract Action Proposed Rule
By: James A. Tucker
In the National Defense Authorization Acts for 2017 and 2018, Congress required the Department of Defense (DOD) to implement certain reforms for issuing and definitizing Undefinitized Contract Actions (UCAs). After a long delay, DOD has issued a proposed rule and requested comments from industry.
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February 15, 2019 - Protests & Litigation, Defense, Compliance
Cry Havoc and Let Slip the Risks of War
By: J. Alex Ward and Victoria Dalcourt Angle
In last month’s post , we considered First Kuwaiti Trading & Contracting W.L.L., v. Dep’t of State , CBCA 3506, 2018 WL 6423911 (Dec. 3, 2018), and Appeal of ECC International, LLC , ASBCA 60484, 2018 WL 6251069 (Nov. 16, 2018), to reflect on
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Topic Archives: Compliance

Contracting in the Fog of War: Recovering Costs Caused by an Epidemic

By: J. Alex Ward and Victoria Dalcourt Angle

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

By: J. Alex Ward

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

By: Locke Bell

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

By: James A. Tucker and Locke Bell

Defective Certifications: Where to Draw the Line?

By: Caitlin A. Crujido

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

By: Megan E. Gerking

DOD Promulgates Long-awaited Restrictions on LPTA Procurement

By: James A. Tucker

OFCCP Announces FY2019 Audits

By: Andrew R. Turnbull

Undefinitized Contract Action Proposed Rule

By: James A. Tucker

Cry Havoc and Let Slip the Risks of War

By: J. Alex Ward and Victoria Dalcourt Angle