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
January 21, 2020Protests & Litigation

2019 Protest Roundup

This installment of our Law360 bid protest spotlight examines two protest decisions released in December, provides a year-end review of key bid protest decisions from 2019, and discusses a few takeaways from the U.S. Government Accountability Office‘s fiscal year 2019 report on its bid protest decisions. December Cases T3I Solutions, LLC, B-418034, B-418034.2, Dec. 13, ...›

January 17, 2020National Security

Foreign Investment 2020 (Part 5): Final CFIUS Rules Announced

The U.S. Department of the Treasury (Treasury) has released final regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). As we discussed in previous alerts in this series, the regulations provide long-awaited answers to questions about how Treasury and the other ...›

FCPA
January 15, 2020Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for December 2019

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 corporate foreign bribery enforcement actions were announced by U.S., Canadian, and UK authorities? Which East Asian country ...›

Compliance
January 15, 2020Compliance, Protests & Litigation

Defective Certifications: Where to Draw the Line?

Somewhat surprisingly, the end of 2019 provided two decisions regarding defective certifications, including one from the Federal Circuit. The first case, Kirlin Builders, LLC, ASBCA No. 61901, reminds readers that a defective certification, as opposed to no certification at all, is a correctable error so long as it is made before the issuance of a ...›

FCA
January 13, 2020False Claims Act

MoFo Webinar: Demystifying the DOJ’s New False Claims Act Guidance (Tues., Jan. 14)

Morrison & Foerster Government Contracts associate Rachael Plymale will be participating in a webinar with the Knowledge Group, titled “Demystifying the DOJ’s New False Claims Act Guidance: Navigating Implications to the Year Ahead” tomorrow at 12PM EST. Please register using this link for a complimentary** pass, courtesy of Morrison & Foerster. Earlier in 2019, the ...›

January 7, 2020Cybersecurity & Data Privacy

A Watershed Moment in Cybersecurity for Government Contractors – Anticipated Impacts of the Department of Defense’s Cybersecurity Maturity Model Certification Program

As 2020 begins, one of the biggest changes facing contractors working with the U.S. Department of Defense (“DoD”) is the implementation of DoD’s enhanced cybersecurity regulations, known as the Cybersecurity Maturity Model Certification (“CMMC”) program. CMMC has the potential to be a game changer as cybersecurity becomes a gating item in connection with the contract ...›

December 9, 2019Small Business

SBA’s Long-Awaited Implementation of the Runway Extension Act Is Finally Here

For many small business government contractors, the winter holidays came early on December 5, 2019, when the Small Business Administration (“SBA”) issued its final rule adjusting its regulations on the calculation of average annual receipts in small business size determinations for revenue-based size standards. Since Congress passed the Small Business Runway Extension Act of 2018 ...›

December 6, 2019Protests & Litigation

November 2019 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly bid protest Law360 spotlight examines four protest decisions released in November 2019.  In Inserso, GAO clarifies that a technical acceptability requirement is not equivalent to a lowest-price technically acceptable procedure.  In Chromalloy, the Court of Federal Claims decided that the technical requirement of an intellectual property license from a third ...›

MoFo’s Kevin Mullen to Speak at PubKGroup’s Annual Review 2019

On Thursday, December 12, 2019, Morrison & Foerster Government Contracts practice Co-Chair Kevin Mullen will once again be a featured speaker at PubKGroup’s Annual Review 2019 webinar. The program will feature over 20 speakers from government, industry, and private practice to speak on the latest legislative and regulatory developments in contracts law. Kevin will moderate ...›