Welcome to the Government Contracts Insights Blog

Morrison & Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement.


Cybersecurity
February 16, 2017Cybersecurity & Data Privacy

IP in Government Contracts: Developments to Watch in 2017

In 2017, a big intellectual property and government contracts issue will be the government’s acquisition of rights in a company’s proprietary software.  Data rights for government contractors has been defined and redefined over the past five years.  As a result, government contractors need to pay careful attention to what is categorized as reintegration and segregation ...›

February 16, 2017Cybersecurity & Data Privacy, Resources

The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government.  This infographic provides an overview of the Bayh-Dole Act, the steps that must be followed for contractors/grantees to retain ownership of title to IP, and the potential consequences of not following these rules. ...›

Defense
February 13, 2017Defense

So You Want To Supplement The Record At Claims Court

Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by the court in deciding the protest and which must be excluded. In many instances, the parties’ understanding of ...›

Federal Procurement
February 8, 2017Compliance, Federal Procurement

Developments in Commercial Item Procurement

Recent legal developments include promising indications that Government agencies could increase the use of commercial item acquisitions during the coming year.  In particular, the U.S. Court of Federal Claims decision in Palantir Technologies and several provisions in the National Defense Authorization Act (NDAA) for Fiscal Year 2017 encourage Contracting Officers to utilize commercial item procurement ...›

Small Business

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts.  The proposed rule requires DoD agencies to assign an evaluation cost penalty to the proposed price of any contractor expecting to receive reimbursement from ...›

FCA
February 2, 2017False Claims Act

10 Key FCA Developments Of 2016

2016 was another active year in the land of False Claims Act enforcement. The U.S. Department of Justice continued to set recovery records and turned its eye more keenly on enforcement of individuals. We heard from the Supreme Court not once, but twice, on FCA issues. Per-claim penalties increased as of Aug. 1, opening the ...›

Litigation
February 1, 2017Protests & Litigation

January 2017 Protest Roundup

Two common themes run through the cases we have chosen for this month’s bid protest roundup.  The first three decisions explore some pitfalls relating to the timeliness of proposals and protest grounds.  The last two highlight the fact that the Government Accountability Office’s (GAO) well-known deference to agency discretion does not extend to matters where ...›

Small Business
January 31, 2017Compliance, Small Business

Prime Contractors Beware: Reduced or Untimely Subcontractor Payments May Require Reporting

A new Federal Acquisition Regulation (“FAR”) final rule that implements a section of the Small Business Jobs Act of 2010 requires certain prime contractors to “self-report” to their contracting officers all reduced or untimely payments to their small business subcontractors. 82 Fed. Reg. 93481. New FAR 52.242-5(b) explains that the “Contractor shall notify the Contracting Officer, ...›

FCPA
January 30, 2017Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for December 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month, we ask: How many corporate and individual enforcement actions did the U.S. Department of Justice (DOJ) and Securities and Exchange ...›