Morrison & Foerster LLP - Government Contracts Insights

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Firm Profile: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482, United States
Phone: (415) 268-7000
Fax: (415) 268-7522
Areas of Practice
  • Commercial Law & Contracts
  • Government
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • New York
  • Virginia
Other Countries
  • Belgium
  • China
  • Germany
  • Hong Kong
  • Japan
  • Singapore
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit…more
 /  Commercial Law & Contracts, Government Contracting, Mergers & Acquisitions

OMB Gives Grant and Cooperative Agreement Recipients Additional Time to Comply With New Procurement Requirements Mandated by “Super Circular”

The Office of Management and Budget (“OMB”) announced earlier this week that it is giving universities, nonprofits, state and local governments, and other “non-Federal entities” an additional year to comply with the new…more
 /  Commercial Law & Contracts, Government Contracting

Keeping the Facuet Open: The Implications of Brexit for European Public Procurement

The implications of Britain’s decision in June 2016 to leave the EU are gradually becoming clearer. In the area of government procurement, a paper by the European Parliament has highlighted the various models available to UK…more
 /  Government Contracting, International Law & Trade

Uncharted Territory: Protestor Files Suit Challenging GAO’s Redaction Policy

We’ll be watching with interest as Pond Constructors, Inc. v. Government Accountability Office, No. 1:17-cv-00881, makes its way through the U.S. District Court for the District of Columbia. Following an unsuccessful bid…more
 /  Government Contracting

Risky Business — Intracompany Transfers at Price v. Cost

The FAR cost principles and their DAR and ASPR predecessors have long provided that “materials, supplies, and services” can be transferred between “divisions, subdivisions, subsidiaries, or affiliates of the contractor” at a…more
 /  Business Organizations, Commercial Law & Contracts, Finance & Banking, Government Contracting, Mergers & Acquisitions

UK Supreme Court to Contractors: Are You Serious?

The UK Supreme Court has ruled that the damages remedy available to aggrieved government contractors under the EU procurement regime is only available if an authority breach is sufficiently serious. The decision will add an…more
 /  Civil Procedure, International Law & Trade, Government Contracting

April Bid Protest Roundup

Our monthly bid protest roundup for April identifies decisions by the Government Accountability Office (GAO) and the Court of Federal Claims on issues concerning: small businesses’ right to a certificate of competency review…more
 /  Business Organizations, Commercial Law & Contracts, Government Contracting

The Russians Are Coming. Again.

The world watched on March 20, 2017, as FBI Director James Comey and NSA Director Admiral Mike Rogers testified about Russian interference in the 2016 U.S. presidential election before the House Intelligence Committee. However,…more
 /  Elections & Politics, International Law & Trade

Anatomy of a Protest at the U.S. Court of Federal Claims

The next in our Infographics series shows the anatomy of a Protest at the U.S. Court of Federal Claims. Although protests at the Court are not subject to the same timeline as at the GAO, this infographic provides a step-by-step…more
 /  Civil Procedure, Government Contracting

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once…more
 /  Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Government Contracting

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services. It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government…more
 /  Business Organizations, Commercial Law & Contracts, Government Contracting, Law Practice Products & Services, Mergers & Acquisitions

CBCA Affirms It Cannot Direct an Agency to Revise a CPAR

The Civilian Board of Contract Appeals (CBCA) recently affirmed that it would follow the Court of Federal Claims (COFC) and Armed Services Board of Contract Appeals (ASBCA) in refusing to direct an agency to revise a Contract…more
 /  Civil Procedure, Commercial Law & Contracts, Government Contracting

“Reciprocity Rules” – Germany, France and Italy Initiate Debate About EU-Wide Restrictions on Foreign Investment and Access to Government Contracts

The ministers of economy for three European Union (EU) and Eurozone members—Germany, France and Italy—in a joint proposal addressed to the EU Commissioner for Trade Cecilia Malmström are putting “proposals for ensuring an…more
 /  Government Contracting, International Law & Trade

February 2017 Protest Roundup

In February 2017, the Government Accountability Office (GAO) publicly released notable decisions addressing (1) the effect of the temporary lapse in GAO’s civilian task order jurisdiction; (2) discussions, clarifications, and…more
 /  Civil Procedure, Commercial Law & Contracts, Government Contracting

Fair Pay and Safe Work Places Goes to President Trump

March 6, 2017, by a vote of 49-48, the Senate passed a house joint resolution disapproving the final rule implementing Executive Order 13673, Fair Pay and Safe Workplaces. The House previously passed the resolution in February…more
 /  Elections & Politics, Government Contracting, Labor & Employment Law, Mergers & Acquisitions
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