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

Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments

As talk of a trade war escalates, government contractors should be alert to the possibility that the recently imposed steel and aluminum tariffs could increase their cost of performance. The orders, signed March 8, 2018, impose…more
 /  Government Contracting, International Law & Trade, Taxation

Procurement Integrity Act Violations (Post-Award Protest Primer #15)

Offerors should, and generally do, carefully guard the confidentiality of their bid and proposal information. And agencies that receive that information generally are careful to prevent its improper release, much as they guard…more
 /  Government Contracting

March 2018 Bid Protest Roundup

In this roundup of interesting Government Accountability Office (GAO) protests released in March, we take a look at (1) the importance of having an adequate agency record; (2) the effect of asserting no data rights in a…more
 /  Government Contracting

GAO to Implement Bid Protest E-Filing on May 1, 2018 (Along with Some Other Changes)

The Government Accountability Office (GAO) will cut the ribbon on its Electronic Protest Docketing System (EPDS) on May 1, 2018, according to a final rule published Monday (at 83 Fed. Reg. 13817). The electronic filing system,…more
 /  Government Contracting

Bait-And-Switch And Unavailable Key Personnel (Post-Award Protest Primer #14)

The bait-and-switch in the salesman’s world involves enticing a prospective customer with an unbelievably good deal, only to switch it at the last moment with a bargain that is considerably less attractive to the buyer, and far…more
 /  Government Contracting

The Silent No: Initial Adverse Agency Action Can Simply Be No Action at All

Coming on the heels of a decision presenting two timeliness reminders, which we addressed in “GAO Presents a Study in Timeliness Traps,” the GAO once again issued a decision last week presenting a third timeliness trap of which…more
 /  Government Contracting

Final GSA Rule on Commercial License Terms that Conflict with Federal Law

Anyone who has endeavored to sell commercial software to the Federal government well knows there are devils hiding in the details of most commercial license agreements. The trick is knowing how to spot them – or, more…more
 /  Administrative Law, Commercial Law & Contracts, Government Contracting

SBA OHA Affirms Long-Standing Interpretation of Recertification Regulations

In a recent decision, the U.S. Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) affirmed the widely-understood interpretation of the SBA regulations that a Service-Disabled Veteran-Owned Small…more
 /  Business Organizations, Government Contracting

February 2018 Bid Protest Roundup

In this roundup of interesting U.S. Government Accountability Office (GAO) protests released in February, we look at (1) the effect of agency-level protests on GAO protest deadlines; (2) the fairly high bar for winning a…more
 /  Government Contracting

GAO Presents a Study in Timeliness Traps

In a decision released on Friday, February 23, 2018, the Government Accountability Office (GAO) provided further demonstration of the bid protest – timeliness traps that may ensnare the wary and unwary alike. In Savannah River…more
 /  Government Contracting

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation. Today more than ever, however, the federal government is making use of cutting edge…more
 /  Business Organizations, Commercial Law & Contracts, Government Contracting, Mergers & Acquisitions

New Debriefing Rules in Effect for DOD Contractors

As we discussed in an earlier post about the NDAA for FY 2018, one of the most significant changes with respect to procurement issues may be related to the DOD’s conduct of debriefings. Perhaps missed in the discussions of a…more
 /  Administrative Law, Government Contracting

Pilot Testing of GAO’s New Filing System Currently Underway

Earlier this month, the GAO announced that its long-awaited electronic protest docketing system (EPDS) is now operational and undergoing limited pilot testing with certain designated protests filed since February 1. EPDS is a…more
 /  Government Contracting

January 2017 Bid Protest Roundup

The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old habits…more
 /  Civil Procedure, Government Contracting

Millennials Outraged Over GAO Decision Upholding DoD Determination that Millennials Won’t Keep a Job

“Outraged” may be a tad dramatic, and the Department of Defense (DoD) didn’t actually make any determinations about millennials and their work ethic, but nevertheless millennials took center stage in the Government…more
 /  Government Contracting
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