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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.


Federal Procurement

Warning: Possible Delays Ahead New SAM Requirement for Notarized Letter

All government contractors must have an active registration in the System for Award Management (SAM) to do business with the government. As of March 22, 2018, SAM requires users registering a new business entity to “provide an original, signed notarized letter” confirming that they are the “authorized Entity Administrator” before their registration will be activated. ...›

Federal Procurement

Impending Tariffs Could Increase Cost of Performance, but Remedy-Granting Clauses May Allow for Price Adjustments

As talk of a trade war escalates, government contractors should be alert to the possibility that the recently imposed steel and aluminum tariffs could increase their cost of performance.  The orders, signed March 8, 2018, impose a 25 percent tariff on imported steel and a 10 percent tariff on imported aluminum, with exemptions for imports ...›

Protests and Litigation

Procurement Integrity Act Violations (Post-Award Protest Primer #15)

Offerors should, and generally do, carefully guard the confidentiality of their bid and proposal information.  And agencies that receive that information generally are careful to prevent its improper release, much as they guard against release of other source selection sensitive information.  The Procurement Integrity Act (PIA) governs aspects of the protection of this information, and ...›

Protests and Litigation
April 10, 2018Protests & Litigation

March 2018 Bid Protest Roundup

In this roundup of interesting Government Accountability Office (GAO) protests released in March, we take a look at (1) the importance of having an adequate agency record; (2) the effect of asserting no data rights in a proposal; (3) the need for a protester to challenge the correct factors in its initial protest; and (4) ...›

FCPA
March 21, 2018Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for February 2018

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: Which countries came out on top—and at the bottom—in this year’s Transparency International Corruption Perceptions Index? How did the ...›

FCA
March 15, 2018False Claims Act

FCA Materiality May Return to High Court

Although the Supreme Court ruled on False Claims Act (FCA) materiality requirements in Universal Health Services v. United States ex rel. Escobar, materiality issues continue to be litigated. In their Law360 analysis, Alex Ward, Daniel Chudd, Sandeep Nandivada, and Victoria Dalcourt discuss recent U.S. Courts of Appeal decisions that have added additional nuances to the ...›