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.


Defense
November 16, 2017Defense, Protests & Litigation

What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act.  The NDAA coming out of the conference committee contains numerous provisions that would affect government contractors.  Below we address five of the most significant issues for government contractors in the proposed NDAA – Bid Protests, Debriefings, the Space ...›

Protests and Litigation
November 13, 2017Post-Award Protest Primer Series

Non-Meaningful, Misleading, and Unequal Discussions (Post-Award Protest Primer #11)

Today’s post is the first of two installments on protest grounds related to discussions.  This post will focus on the requirement that discussions be meaningful and not misleading, and treat offerors equally.  The next post will look at the difference between discussions and other types of exchanges between agencies and offerors, as well as agencies’ ...›

Protests and Litigation
November 9, 2017Protests & Litigation

October 2017 Bid Protest Roundup

This month’s bid protest roundup discusses five decisions covering corrective action, an agency’s evaluation discretion, the “late-is-late” rule, intervening at the Court of Federal Claims (COFC), and Small Business Administration (SBA) status protests.  These cases serve as important reminders for protesters and awardees, and identify a few issues that continue to change at the various ...›

Missed MoForward 2018? Read Our Recap!

On Thursday, October 26th, Morrison Foerster’s Government Contracts Group held its inaugural MoForward Event at the Tysons Corner Ritz Carlton. The event was a rousing success, reflecting the unique interaction between our deep government contracts bench and our colleagues who have led the government’s and industry’s most significant enforcement and response teams. The full day ...›

October 31, 2017Cybersecurity & Data Privacy

So You’re Finally Compliant with the DFARS and NIST Requirements, but Are Your Subcontractors?

As the December 31 deadline for implementation of the NIST special publication 800-171 requirements called for by DFARS 252.204-7012 (“the DFARS cyber clause”) quickly approaches, most DoD prime contractors have taken steps to verify their IT systems’ compliance status and have developed plans of action to address any cybersecurity gaps.  Having satisfied their own security ...›

Defense
October 30, 2017Defense, Federal Procurement, M&A, Small Business

FY 2018 Forecasts: Items of Interest in Contracting, Small Business, and M&A

In the final post of our 2018 Fiscal Year Forecast series, Kevin Mullen and Damien Specht focus on the use of Low Price Technically Acceptable (LPTA) contracts, the mounting backlog of security clearance applications, the increased use of unorthodox contracting methods such as Other Transaction Agreements, the success of and potential fallout from the All ...›

FCPA
October 30, 2017Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for September 2017

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 nearly billion dollar case did the U.S. Department of Justice (DOJ), Securities and Exchange Commission (SEC), Sweden, ...›

Protests and Litigation
October 25, 2017Post-Award Protest Primer Series

Unstated Evaluation Criteria And Waived Solicitation Requirements (Post-Award Protest Primer #10)

This week we’ll discuss two protest arguments that are, in some ways, two sides of the same coin:  unstated evaluation criteria and waived or relaxed solicitation requirements.  In each, the focus of the protest is on what was required (or not required) by the solicitation and whether the agency’s evaluation was consistent with the information ...›

October 24, 2017Announcements & Press

Upcoming MoFo Event: MoForward October 26, 2017

Please join Morrison & Foerster’s Government Contracts Group for our inaugural MOFOrward event on this Thursday, October 26, 2017 at the Tysons Corner Ritz Carlton – a collaboration between our deep government contracts bench and our colleagues who have led the government’s and industry’s most significant enforcement and response teams. This full-day program will offer ...›

FY 2018 Forecasts: Winds Shifting on Data Security, Industry Consolidation, and DOJ Enforcement Efforts

In the second of our series about what to watch for in government contracts in fiscal year 2018, we focus on Cybersecurity, Cloud-Based Services, Employment Regulations, M&A, FCA enforcement, and Block Chain. For a more in-depth discussion of current trends, please join us for our inaugural MoForward event on October 26, 2017 at the Tysons Corner ...›