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

GAO Protective Orders (Post-Award Protest Primer #5)

Post-award protests generally involve arguments about confidential, source-selection sensitive information – proprietary bid and proposal material, past performance data, cost and pricing information, nonpublic agency estimates, and the judgments of agency evaluators and source selection personnel.  Neither the government nor the competitors want that sort of information to be disclosed to anyone without rigorous protections.  ...›

Protests and Litigation

Applicability of the Buy American Act and Trade Agreements Act

President Trump made headlines in April by signing an Executive Order urging federal agencies to “Buy American and Hire American.”  While this Order makes no substantive legal changes and, for now, appears to be more bark than bite, it should engender in all federal contractors a renewed focus on domestic preference laws.  Determining which domestic ...›

Federal Procurement

The “Buy American, Hire American” Executive Order, Digested

The domestic-preference provisions of President Donald Trump’s April 18 executive order on “Buy American, Hire American” are ambitious in scope, requiring government-wide action to maximize the use of U.S. goods. While the order’s provisions will prove tricky to effectively implement, it is nonetheless a harbinger of things to come. All government contractors — and especially ...›

Federal Procurement
August 3, 2017Acquisition Regulations

Extending Solicitation Deadlines At GAO Versus The COFC: It’s Not Over ‘Til It’s Over (Unless The COFC Says It Is)

As every Government contractor knows, “late is late,” and a proposal received after the time set for receipt of proposals is ineligible for award—or is it? At the Government Accountability Office, an agency’s discretion to extend a solicitation’s due date may continue even after the solicitation closes. But at least one judge of the U.S. ...›

Litigation
July 31, 2017Protests & Litigation

July 2017 Protest Roundup

In July 2017, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims issued decisions covering a number of issues.  We address the decisions below on the following issues of interest: (1) agency discretion not to engage in clarifications; (2) Procurement Integrity Act (PIA) and Organizational Conflicts of Interest (OCIs); (3) overly broad ...›

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

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 ...›