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

Stays of Contract Award and Performance (Pre-Award Protest Primer #6)

Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer,…more
 /  Commercial Law & Contracts, Government Contracting

GAO Protective Orders (Post-Award Protest Primer #5)

Post-award protests generally involve arguments about confidential, source-selection sensitive information – proprietary bid and proposal material, past performance data, cost and pricing information, nonpublic agency estimates,…more
 /  Government Contracting

Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.” While this Order makes no substantive legal changes and, for now, appears to be more bark than…more
 /  Commercial Law & Contracts, Elections & Politics, Government Contracting, International Law & Trade

July 2017 Protest Roundup

In July 2017, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims issued decisions covering a number of issues. We address the decisions below on the following issues of interest: (1) agency…more
 /  Government Contracting

Bid Protest Remedies (Post-Award Protest Primer #4)

Part 4: Bid Protest Remedies - We’ve discussed debriefings and the timelines and timeliness rules that apply to post-award protests. Today we’ll discuss remedies. If you file a protest to challenge a contract award and you…more
 /  Commercial Law & Contracts, Government Contracting

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries

Germany ends its longtime liberal approach to foreign investments by increasing its intervention possibilities at national level and by lobbying a stricter regime at the EU level. Since the takeover of German robotics champion…more
 /  Business Organizations, Government Contracting, International Law & Trade

Post-Award Protest Primer: Part 3

Part 3: Timeliness and Timelines - Now that we’ve discussed the award letter and debriefings, we’ll move on to next steps: timeliness of initial protest filings and the protest timeline. In the context of all post-award…more
 /  Government Contracting

Court of Federal Claims Asserts Jurisdiction Over OTA Claim

The Court of Federal Claims held for the first time last Friday that damages were available for the Government’s alleged breach of an other transaction agreement (“OTA”), declining to dismiss a contractor’s $47 million claim…more
 /  Commercial Law & Contracts, Government Contracting

Post-Award Protest Primer: Part 2

Part 2: Debriefings - You just received an email: “We appreciate your interest in the XYZ procurement. The Agency determined that your proposal did not represent the best value to the Government. Award has been made to…more
 /  Commercial Law & Contracts, Government Contracting

June 2017 Protest Roundup

In June 2017, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued decisions covering a number of issues. We address the decisions below on the following issues of interest: (1)…more
 /  Commercial Law & Contracts, Government Contracting

Post-Award Protest Primer Series: Part 1

Part 1: An Introduction to Bid Protests - Welcome to the first in a new series of articles on post-award bid protests! A lot of misunderstandings and misinformation surround the bid protest, and traps abound for the wary…more
 /  Government Contracting

O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government Contract

In contracts – and especially in government contracts, where one is expected to “turn square corners” – we often analyze breach of contract in light of the jots and tittles of a contract’s express terms. And, in bringing a…more
 /  Commercial Law & Contracts, Government Contracting

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions. We address below decisions on…more
 /  Commercial Law & Contracts, Government Contracting, Mergers & Acquisitions

GSA Seeks Input On Repeal, Replacement, and Modification of Policies and Regulations

On Tuesday, May 30, 2017, the GSA issued a request for comments seeking “input on acquisition regulations, policies, standards, business practices and guidance issued by GSA across all of its acquisition, disposal, and sales…more
 /  Government Contracting, Mergers & Acquisitions

Unique Aspects Of Practice Before The Boards Of Contract Appeals – No Interlocutory Appeals

Litigation before the Armed Services and Civilian Boards of Contract Appeals (ASBCA and CBCA, or Boards) involves some unique aspects not found in typical civil cases in federal courts. The differences begin with the ease of…more
 /  Civil Procedure, Government Contracting
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