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. Through Insights, attorneys from our nationally recognized Government Contracts and Public Procurement practice will offer a real-time assessment of the statutory, regulatory, legal, and business-related developments that are shaping the industry. This blog will also examine a full array of U.S. and non-U.S. public procurement issues, mindful that our clients compete in a global marketplace.

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July 08, 2020 - Protests & Litigation
June 2020 Bid Protest Roundup (Law360 Spotlight)
By: Lyle F. Hedgecock
While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundup makes clear that the Federal Courts are business as usual, with three decisions from the Court of Federal Claims
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July 06, 2020 - Compliance, False Claims Act
Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers
By: Lisa M. Phelan, Bonnie Lau, Eliot A. Adelson and Megan E. Gerking
The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2020.” To read the entire newsletter, please click here. Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers Key
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June 30, 2020 - Small Business, Coronavirus
SBA’s Implementation of the Paycheck Protection Program Flexibility Act in Wave of New Rules and Application Forms
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCann
As we previously reported , the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”) became law earlier this month, introducing numerous changes to the Paycheck Protection Program (PPP). The PPP, which is part of the CARES Act, [1] provides aid to qualifying small businesses
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June 18, 2020 - Small Business
Hot Topics in Government Contracting Virtual Conference – MoFo’s Ali Young Speaking
By: Alissandra Young McCann
Please join MoFo associate Ali Young during Jennifer Schaus & Associates’ Hot Topics in Government Contracting Virtual Conference on Tuesday, June 23, 2020. Ali’s session, “SBA New Regulations & What It Means for Small Business,” will start at 9AM EST. Ali will cover areas
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June 18, 2020 - International Public Procurement
Closing the Gap – European Union to Challenge Foreign Subsidies
By: Felix Helmstädter and Theresa Oehm
Foreign Subsidies Could Soon Become The Subject of Specified EU Regulations The EU Commission wants to create regulations to tackle impacts of foreign government funding in the EU. In its “White Paper on levelling the playing field as regards foreign subsidies,” published on June
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June 12, 2020 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for May 2020
By: Charles E. Duross and James M. Koukios
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 reversal of the “Bridgegate”
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June 11, 2020 - Data Rights, Intellectual Property
FedPubs Intellectual Property Series (June 16-30)
By: W. Jay DeVecchio, Tina D. Reynolds and Locke Bell
MoFo partner Tina Reynolds, senior counsel Jay DeVecchio, and associate Locke Bell will be presenting an upcoming FedPubs 3-part webinar series on intellectual property rules and regulations in government contracting. The series will provide an overview of the key principles governing the allocation of
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June 11, 2020 - Protests & Litigation, Defense, Compliance
Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security
By: J. Alex Ward and Victoria Dalcourt Angle
We have previously written about the challenges contractors face when pursuing costs incurred because of combat zone risks. These risks, and the resulting costs, can be unpredictable and are not always compensable. In ECC Int’l Constructors, LLC , ASBCA No. 59138, 19-1 BCA ¶
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June 09, 2020 - False Claims Act
Materiality & the Public Disclosure Bar: Fending Off Qui Tam Attacks
By: Victoria Dalcourt Angle
Enforcement activity by the U.S. Government historically spikes in the wake of heightened government spending, whether a result of wars, recessions, or natural disasters. Following the unprecedented infusion of public money to combat COVID-19 and stabilize the economy, contractors may anticipate a similar sharp
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June 08, 2020 - Protests & Litigation
May Bid Protest Roundup (Law360 Spotlight)
By: Alissandra Young McCann
This month’s Law360 spotlight examines three protest decisions addressing first article testing, proprietary information in unsolicited proposals, and timely submittal of proposals. In SSI Technology [i] , the U.S. Court of Federal Claims (COFC) found a sole source award for urgently needed parts appropriate
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