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.


Small Business
December 11, 2017Small Business

Court of Federal Claims Rejects SBA Decision that Future Conditional Restriction on Stock Ownership Destroys “Unconditional Ownership”

Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business qualified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) by VA standards, but not at the SBA (or vice versa).  One such puzzler is the requirement for unconditional ...›

Protests and Litigation
December 7, 2017Protests & Litigation

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”).  The first reminds contractors that competitors can work together when failing to do so will result in bad procurement precedence that will cause them future competitive harm.  The second reminds contractors that it may ...›

Protests and Litigation
December 5, 2017Post-Award Protest Primer Series

Discussions Vs. Clarifications Vs. Communications, And Agency Discretion (Post-Award Protest Primer #12)

In our last post, we looked at the most common protest grounds related to discussions:  lack of meaningful discussions, misleading discussions, and unequal discussions.  Today we’ll discuss how discussions differ from clarifications and pre-competitive range communications, as well as the Government’s discretion to conduct (or not conduct) such exchanges. Discussions, as we noted last time, ...›

FCPA
November 30, 2017Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for October 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 are the latest developments in the U.S. Department of Justice’s (DOJ) sweeping investigation into alleged corruption in ...›

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 ...›