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
May 23, 2017Cybersecurity & Data Privacy

The ‘WannaCry’ ransomware attack could have been prevented. Here’s what businesses need to know.

By now everyone has heard about last week’s unprecedented cyber attack, in which a piece of ransomware known as “WannaCry” wreaked havoc across the world, impacting more than 150 countries and crippling hundreds of organizations—from global businesses to government entities and even Britain’s National Health Service. As the attack made abundantly clear, the public and ...›

Compliance

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit Electronic Part Detection and Avoidance Systems.  Although the DFARS clause focuses on electronic parts, any company contracting or subcontracting with the ...›

Compliance
May 17, 2017Compliance, Grants

OMB Gives Grant and Cooperative Agreement Recipients Additional Time to Comply With New Procurement Requirements Mandated by “Super Circular”

The Office of Management and Budget (“OMB”) announced earlier this week that it is giving universities, nonprofits, state and local governments, and other “non-Federal entities” an additional year to comply with the new procurement standards that were part of the extensive changes to administrative processes, cost accounting, and audit requirements set in motion by OMB’s December ...›

Protests and Litigation
May 16, 2017Protests & Litigation

Uncharted Territory: Protestor Files Suit Challenging GAO’s Redaction Policy

We’ll be watching with interest as Pond Constructors, Inc. v. Government Accountability Office, No. 1:17-cv-00881, makes its way through the U.S. District Court for the District of Columbia.  Following an unsuccessful bid protest, Pond Constructors, Inc. (“Pond”) proposed to redact from the Government Accountability Office’s (“GAO’s”) final decision the procuring agency’s source selection analysis of ...›

Compliance
May 11, 2017Compliance, Schedule Contracting

Risky Business — Intracompany Transfers at Price v. Cost

The FAR cost principles and their DAR and ASPR predecessors have long provided that “materials, supplies, and services” can be transferred between “divisions, subdivisions, subsidiaries, or affiliates of the contractor” at a “price,” rather than at the transferring entity’s cost, only when (i) it is the transferor’s established practice to make such transfers at price for the ...›

International

UK Supreme Court to Contractors: Are You Serious?

The UK Supreme Court has ruled that the damages remedy available to aggrieved government contractors under the EU procurement regime is only available if an authority breach is sufficiently serious.  The decision will add an extra step for complaining tenderers in Europe: not only must they prove that a breach of the procurement rules occurred ...›

Litigation
May 8, 2017Protests & Litigation

April 2017 Protest Roundup

Our monthly bid protest roundup for April identifies decisions by the Government Accountability Office (GAO) and the Court of Federal Claims on issues concerning:  small businesses’ right to a certificate of competency review from the Small Business Administration before being excluded for responsibility-like reasons; how potentially problematic organizational conflicts of interests can and should be ...›

False Claims Act
May 1, 2017False Claims Act

Gov’t Nonintervention In Agape And Future FCA Cases

If, as the saying goes, power corrupts and absolute power corrupts absolutely, what then to make of the government’s absolute veto power over False Claims Act settlements? In United States ex rel. Michaels v. Agape Senior Community Inc., the Fourth Circuit recently confirmed that even when the government declines to intervene in a False Claims ...›