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.


Export Controls & Sanctions
January 24, 2017Export Controls & Sanctions

Amid Wave of Final Executive Actions, President Obama Eases Sanctions Against Sudan

On January 13, 2017, the White House issued an executive order revoking significant aspects of the sanctions in place against Sudan (that have been in effect since 1997).  In conjunction with the announcement, the Treasury Department Office of Foreign Assets Control (OFAC) announced a corresponding amendment to the Sudanese Sanctions Regulations (SSR), 31 C.F.R. part ...›

Cybersecurity

Important Takeaways from DHS’s Proposed Rule on Controlled Unclassified Information

The Department of Homeland Security (DHS) has now officially entered the government data security fray with its own proposed rule (HSAR Case 2015-001; 82 FR 6429; Jan. 19, 2017) for safeguarding Controlled Unclassified Information (CUI). We have previously commented on the National Archives and Record Administration’s Final Rule on CUI, the Department of Defense’s rules on ...›

Federal Procurement
January 18, 2017Federal Procurement

OFPP Finds What Contractors Have Known: Effective Debriefings Will Lead To Better Proposals And Fewer Protests

On January 5, 2017, the Office of Federal Procurement Policy (“OFPP”) released the third memorandum in its “Myth-busting” series. The third memo found that effective debriefings help to prevent protests and that there is clear room for improvement in the ways in which agencies conduct debriefings.  OFPP created the “myth-busting” series as part of an ...›

Litigation
January 10, 2017Protests & Litigation

2016 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2016.  The number of protests, merits decisions, and sustained protests increased significantly in 2016 from years past, yet the overall ...›

January 10, 2017Infrastructure

Key Goals For The Next Secretary Of Transportation

A safe, reliable, efficient and sustainable transportation system is the lifeblood of this nation. It is critical to the economic prosperity of this country and to the well-being of everyone who lives here. It connects us to an increasingly global trade environment. It provides access to home, work, health care, education and other services that ...›

Cybersecurity
January 5, 2017Cybersecurity & Data Privacy

Congress Revisits the Data Rights Statutes and Advances Modular Open Systems Architecture in the FY 2017 NDAA

Although there usually is great validity in the aphorism that “no man’s life, liberty, or property is safe while the Legislature is in session,” we might have to rethink that notion when it comes to data rights.  Congress did some good last month in passing, with broad support, the National Defense Authorization Act (NDAA) for ...›

International
December 20, 2016International Public Procurement

Consortium Bidding in European Government Contracts

Consortium bids are relatively common in the European government contract sector.  But, under European law, what happens in a situation where a company which is part of a bidding consortium drops out during the procurement process?  If the previous composition of the consortium satisfied the authority’s pre-selection criteria, can the remaining companies continue with the ...›

FCPA
December 16, 2016Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for November 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: What effect will the U.S. presidential election have on FCPA enforcement? How did a financial institution’s employment practices ...›