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.


Protests and Litigation
July 20, 2017Protests & Litigation

Bid Protest Remedies (Post-Award Protest Primer #4)

We’ve discussed debriefings and the timelines and timeliness rules that apply to post-award protests.  Today we’ll discuss remedies.  If you file a protest to challenge a contract award and you win the protest, that means you win the contract, right?  Well, certainly not immediately.  And, depending on the facts, maybe not at all. A protester ...›

FCPA
July 20, 2017Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for June 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: How will the Supreme Court’s limitation on the U.S. Securities and Exchange Commission’s (SEC) disgorgement authority influence FCPA ...›

International
July 19, 2017National Security

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries

Germany ends its longtime liberal approach to foreign investments by increasing its intervention possibilities at national level and by lobbying a stricter regime at the EU level. Since the takeover of German robotics champion KUKA by a Chinese investor last year, the public and political pressure on increasing protection against certain foreign investment was high. ...›

Protests and Litigation
July 13, 2017Protests & Litigation

Timeliness and Timelines (Post-Award Protest Primer #3)

Now that we’ve discussed the award letter and debriefings, we’ll move on to next steps: timeliness of initial protest filings and the protest timeline.  In the context of all post-award debriefings, there are two timeliness considerations.  First, meeting the GAO’s timeliness requirements and, second, whether the filing will result in an automatic stay.  Having discussed ...›

Protests and Litigation
July 6, 2017Protests & Litigation

Debriefings (Post-Award Protest Primer #2)

You just received an email:  “We appreciate your interest in the XYZ procurement.  The Agency determined that your proposal did not represent the best value to the Government.  Award has been made to Acme Corp. at a price of $50,000,000.”  After kicking your trashcan across the office, what do you do next? If the procurement ...›

Litigation
July 5, 2017Protests & Litigation

June 2017 Protest Roundup

In June 2017, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued decisions covering a number of issues.  We address the decisions below on the following issues of interest: (1) price evaluation; (2) Federal Supply Schedule contracting; (3) standing and prejudice; and (4) agency discretion in evaluating technical proposals. Price ...›

Cybersecurity
June 27, 2017Cybersecurity & Data Privacy

Cry, Cry Again: More Global Ransomware Attacks Reported

It is being widely reported that a new wave of cyberattacks is currently hitting companies and governments. The attack has spread around the globe in a matter of hours, affecting the Ukrainian government, Russian enterprises, and other companies throughout Western Europe. Just like the WannaCry ransomware that struck worldwide in May, the new attacks apparently ...›