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


July 10, 2019Protests & Litigation

June 2019 Protest Roundup

Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. This installment of our bid protest roundup takes a look at three protest decisions from June. The first decision is from the Court ...›

Cybersecurity

Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA

You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of Information request. In a reversal of long-standing precedent in federal district and circuit courts, the Supreme Court ruled ...›

June 5, 2019Protests & Litigation

May 2019 Bid Protest Roundup

Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. This installment of our bid protest roundup takes a look at three interesting protests from May. The first examines the Government Accountability ...›

Federal Court Confirms that Cybersecurity Gaps Can Form the Basis of False Claims Act Violations

Since the Department of Defense (DoD) and other federal agencies began implementing formal cybersecurity requirements for government contractors within the last few years, one lingering question on the minds of federal contractors and subcontractors has been:  “What happens if I do not comply?”  Firms, including ours, have counseled that breach of contract claims are possible, ...›

FCA
May 13, 2019False Claims Act

New DOJ Guidance on Cooperation in FCA Investigations Clarifies How Companies Can Receive Leniency in Exchange for Voluntary Disclosures, but Leaves Unanswered Questions

Earlier this week, the Department of Justice released guidance identifying the circumstances in which the Department would award credit to companies that voluntarily disclose or otherwise cooperate during False Claims Act (“FCA”) investigations.  While the new guidance leaves some unanswered questions, it is a step in the right direction because it provides greater transparency by ...›

May 7, 2019Protests & Litigation

April 2019 Bid Protest Roundup

Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. This month’s bid protest round-up includes decisions from the Court of Federal Claims (COFC), the Government Accountability Office (GAO), and ...›