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.


Compliance
March 27, 2017Compliance, Resources

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services.  It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government. ...›

Litigation
March 23, 2017Compliance, Protests & Litigation

CBCA Affirms It Cannot Direct an Agency to Revise a CPAR

The Civilian Board of Contract Appeals (CBCA) recently affirmed that it would follow the Court of Federal Claims (COFC) and Armed Services Board of Contract Appeals (ASBCA) in refusing to direct an agency to revise a Contract Performance Assessment Report (CPAR). Compucraft, Inc. v. General Services Administration, CBCA 5516, 17-1 BCA ¶ _______. This decision ...›

False Claims Act
March 22, 2017False Claims Act

The Latest on Statistical Sampling In FCA Cases

After waiting over a year to hear what the Fourth Circuit would say about statistical sampling in False Claims Act cases, the court of appeals recently chose to keep us in suspense. Despite initially granting the relators’ petition to appeal the district court’s ruling that statistical sampling was not an appropriate means of demonstrating liability, ...›

International

“Reciprocity Rules” – Germany, France and Italy Initiate Debate About EU-Wide Restrictions on Foreign Investment and Access to Government Contracts

The ministers of economy for three European Union (EU) and Eurozone members—Germany, France and Italy—in a joint proposal addressed to the EU Commissioner for Trade Cecilia Malmström are putting “proposals for ensuring an improved level playing field in trade and investment” on the EU Commission’s agenda. In their joint letter, the three ministers stress that ...›

Litigation
March 8, 2017Protests & Litigation

February 2017 Protest Roundup

In February 2017, the Government Accountability Office (GAO) publicly released notable decisions addressing (1) the effect of the temporary lapse in GAO’s civilian task order jurisdiction; (2) discussions, clarifications, and communications; (3) reimbursement of protest costs for an agency’s failure to take prompt corrective action; and (4) unduly restrictive agency specifications.  We discuss the most ...›

Cybersecurity
March 2, 2017Cybersecurity & Data Privacy

Cybersecurity and Government Contracting

Recent highly publicized cyber hacks and data leaks have brought increased federal government interest and involvement in cybersecurity matters related to government contractors. In 2016 we saw a new crop of cyber-related regulations, including the FAR clause for “Basic Safeguarding of Contractor Information”, the NARA final rule on Controlled Unclassified Information, and revised DFARS regulations ...›

Compliance
February 28, 2017Compliance

Enforcing the Regulatory Reform Agenda: Bureaucracy Designed to End Bureaucracy

On February 24, 2017, President Trump issued an Executive Order–“Enforcing the Regulatory Reform Agenda–that creates mechanisms designed to reduce bureaucracy.  The Order, which advances the president’s campaign agenda of diminishing regulatory burdens, requires the head of each federal executive agency to designate a Regulatory Reform Officer (RRO) and to establish a “Regulatory Reform Task Force.”  ...›