Morrison & Foerster Government Contracts Coronavirus Resource Center

Morrison & Foerster’s Government Contracts team has been closely following the COVID-19/Coronavirus outbreak and how it is directly affecting government contractors. We will continue to update this blog as new guidance is issued.


November 30, 2020Small Business

CIO-SP4 Draft RFP Implications for JV/Partnerships

The National Institute for Health Information Technology Acquisition and Assessment Center (NITAAC) released its draft request for proposals (the “Draft RFP”) for the new $40 billion Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Government-Wide Acquisition Contract (GWAC) (succeeding the popular CIO-SP3) earlier this year.  The final solicitation is anticipated to be released soon, with proposals ...›

November 24, 2020Protests & Litigation

A Rose by Any Other Name: Offeror Remained the Same Entity for Bidding Purposes Despite Converting From a Corporation to a Limited Liability Company

We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement.  In numerous bid protest decisions, the U.S. Government Accountability Office (GAO) has sketched the outlines of when a transaction does, and when it does not, call ...›

November 23, 2020Small Business

New Small Business Rules: 8(a) Program

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow when contracting with small businesses. These changes went into effect on November 16, 2020. You can read our high-level summary of the rule here, ...›

November 23, 2020Cybersecurity & Data Privacy

Deadline Fast Approaching for DoD Contractors and Subcontractors to Report Cyber Compliance

As we previously reported, the Department of Defense (DoD) has issued an interim rule that requires all contractors and subcontractors that store, process, generate, transmit or access “covered defense information” to conduct a self- assessment of compliance with NIST SP 800-171 using the DoD Assessment Methodology.  Contractors must post their self-assessment scores on the Defense ...›

November 16, 2020Small Business

Small Business Participation In Government Contracts: Why It’s Important, How To Qualify, Benefits To Enjoy, And Traps To Avoid

In fiscal year 2019, federal agencies awarded $132.9 billion in contracts to small businesses. This is a reflection of policy goals, as Congress and federal agencies have long worked to provide business opportunities to small business concerns through federal contracts and subcontracts. The Federal Government does this through specialized small business contracting programs, some of ...›

November 9, 2020Protests & Litigation

October 2020 Bid Protest Roundup (Law360 Spotlight)

In the latest installment of our bid protest spotlight (featured on Law360), we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a contract award. In Chronos Solutions, LLC, the GAO held it was unreasonable for an agency to construct its procurement without regard for the changed ...›

November 3, 2020Cybersecurity & Data Privacy

Breaking DOD’s Code: How to Figure Out and Resist What DOD Really, Truly Wants to Do to Your Data Rights

Your rights in technical data and software are at greater risk today than at any time during the last 25 years.  The Department of Defense (“DOD”) is proposing the authority to rewrite commercial software licenses in ways never before seen and guaranteed to be rejected by your software suppliers, as well as proposing authority to ...›

October 22, 2020Small Business

New Small Business Rules: Capabilities of Small Business Joint Venture Members and First-Tier Subcontractors

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow when contracting with small businesses.  These changes will go into effect on November 16, 2020.  You can read our summary of the rule ...›

October 16, 2020Acquisition Regulations, Defense

New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority

The Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting at the Office of the Under Secretary of Defense.  The DCMA Defective Pricing Pilot Team will assist Government Procuring Contract Officers (PCOs) ...›