Morrison & Foerster’s Government Contracts + Public Procurement practice handles litigation, compliance, and counseling matters for clients throughout the United States, Europe, Latin America, and Asia. Our attorneys represent prime contractors and subcontractors, manufacturers and service providers, as well as companies that work with government agencies through grants, cooperative agreements, and other vehicles.
Morrison & Foerster represents global leaders in a wide spectrum of industries, including:
Our clients range from Fortune 50 companies to small and medium-sized companies just entering government markets. We advise both U.S. and non-U.S. companies involved in federal, state, and local government contracting and related procurement matters. The practice has been named Government Contracts Practice Group of the Year by Law360 and its attorneys have been recognized by Chambers.
We counsel clients in the areas of Contract Formation and Performance, Cybersecurity, Investigations and Enforcement Actions, Intellectual Property and Licensing, M&A Due Diligence, International Procurements, and Global Infrastructure and Public-Private Partnerships. In Litigation, we represent clients in bid protests, claims and contract disputes, government investigations, as well as in criminal, civil, and administrative actions relating to government transactions, including False Claims Act (FCA) and Foreign Corrupt Practices Act (FCPA) matters, and suspension and debarment proceedings. We also provide compliance training for our clients and their employees, and conduct due diligence for mergers, acquisitions, and financing transactions involving government contractors.
Non-U.S. Public Procurement
Companies seeking to provide products to or to perform work on behalf of government entities face a multitude of complex regulations and bureaucratic policies, which often vary widely from one country to the next. Our attorneys can help clients navigate this maze. Our public procurement capabilities and experience stretch across the globe, through our offices in London, Berlin, Hong Kong, and Tokyo. Our global team of attorneys is familiar with and prepared to advise our clients concerning the unique legal and business challenges of public procurement work in almost any country.
Areas of Focus:
Counseling Related to Contract Formation and Performance
Investigations and Enforcement Actions
Intellectual Property and Licensing
M&A Due Diligence
Our government contract lawyers assist clients in addressing the government contracting issues that arise in the acquisition or sale of a company that does business as a government contractor. These efforts involve due diligence reviews, strategic alliances, novations, Committee on Foreign Investment in the United States (CFIUS) reviews, and resolution of national security issues.
We address transactional issues and disputes, as well as the requirements relating to international compliance issues, export controls, the Buy American Act, the Trade Agreements Act, international anti-corruption laws, and FCPA compliance.
Global Infrastructure and Public Private Partnerships
Morrison & Foerster has a long, successful history in infrastructure projects delivered in traditional ways, including transportation (road, rail, municipal transit, airports, and ports), water (water and wastewater), telecommunications, healthcare (hospitals), and sports (arenas and venues).
Today, “Public Private Partnerships” (PPP) are popular, as governments seek new ways to deliver public infrastructure, facilities, and services. Through PPP, the public sector seeks to harness private sector financing, skill, and resources to provide public sector facilities and services. Over the past two decades we have been advising governments and private parties on numerous PPP transactions, from airports, to water works, courthouses, toll roads, railroads, re-use of military facilities, among others.
Our clients in infrastructure and PPP include the private sector (developers, contractors, public service operators, and financial institutions) and national, regional, and local governments, and multinational organizations, particularly in the U.S. Asia, and Latin America. Through our multidisciplinary teams, we provide efficiently the full range of legal experience and skills that these undertakings require.
Chambers USA 2017 National: Government Contracts
Legal 500 US 2017 Government Contracts
GAO Post-Award Protest Timeline
Timeline of a Contract Disputes Act Claim
The Bayh-Dole Act
Allowability of Legal Costs
Expanded Government Contracts Practice
BTI Client Service All Stars – Dave Churchill (2019)
"They can bring a really wide range of subject matter expertise to bear on a problem, and can do it quickly and thoughtfully." – Chambers USA 2018
“They are always available and responsive, and we are really pleased with the service they give us.” – Chambers USA 2017
“They have lawyers who specialize in every conceivable area. There is no government contracts question where they can't find you an expert.” – Chambers USA 2016
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