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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.

False Claims Act
August 23, 2016 - False Claims Act, Small Business

4 Steps For Avoiding FCA Traps For SBA Lenders

Recent U.S. Department of Justice enforcement and qui tam suits demonstrate that Small Business Administration lenders face increasing risk of liability under the False Claims Act. This article provides an overview of SBA programs, describes traps for potential liability, and highlights steps that SBA lenders can take to reduce FCA exposure. ...›

small business
August 22, 2016 - Small Business

The Import of Federal SBIR and STTR Programs and Why Congress Should Act Quickly to Reauthorize These Programs and Make Them Permanent

Despite bipartisan efforts, the future is uncertain for the by all accounts highly successful Small Business Innovative Research (SBIR) and Small Business Technology Transfer (STTR) programs. Authorization for the current programs expires September 30, 2017. Reauthorization efforts are underway, but it is not clear at this time when the House and Senate will consider the pending legislation necessary to ensure no lapse in the programs. ...›


Non-EU Bids on EU Public Contracts

The European Union’s rules on government procurement have traditionally been admirably open and non-discriminatory, free from the “buy local” preferences found elsewhere in the world. That could change in view of a draft regulation issued by the European Commission which will allow the EU to impose price preferences against certain bids ...›

August 9, 2016 - Protests & Litigation

Analyzing Price Realism: When A Deal Is Too Good To Be True

Ordinarily, agencies may not evaluate whether an offeror’s price in a fixed-price acquisition is unrealistic (or “too low”). In Valor Healthcare, Inc., B-412960; B-412960.2, July 15, 2016, 2016 CPD ¶ ___, however, the U.S. Government Accountability Office (GAO) has reminded parties that when a solicitation calls for such a price-realism analysis, an agency’s failure to do so may provide disappointed offerors with a viable protest ground. ...›

August 8, 2016 - Schedule Contracting

Keeping Your Options Open -- Why Not To Worry About GAO's AllWorld Decision On Task Order Options

For years, federal agencies have issued task and delivery orders, under Federal Supply Schedule and indefinite-delivery, indefinite-quantity contracts, that include many years of options that extend well beyond the underlying contracts’ ordering periods. And for years, agencies have exercised those options without regard to whether the time for placing new orders under the underlying contracts had expired. ...›

Small Business
August 4, 2016 - Small Business

New Opportunities for All: SBA Expands the Small Business Mentor Protégé Programs

On July 25, 2016, the Small Business Administration (“SBA”) released a much-anticipated Small Business Mentor Protégé Programs Final Rule that created a new expanded mentor-protégé program, modeled on the existing 8(a) mentor-protégé program, open to all categories of small businesses. Contractors have been waiting for this change – one of the most significant in recent years – since Congress authorized the expansion of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013. ...›