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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May 07, 2021 - Protests & Litigation
APRIL 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)
By: Sandeep N. Nandivada and Markus Gerhard Speidel
This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration (GSA) schedule contract; (2) whether an agency improperly used an unstated evaluation criterion; and
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May 05, 2021 - National Security
National Security and Investment Act Receives Royal Assent
By: Stuart Alford
On 29 April 2021, there was a significant development in the evolving European national security landscape, when the National Security and Investment Act (the “Act”) was granted Royal Assent and passed into law in the United Kingdom. Originally published in November 2020, the Act
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April 22, 2021 - Small Business
Levels of Accountability: What Federal Contractors Should Know About Small Business Subcontracting Plans and Compliance Reviews
By: Damien C. Specht, Alissandra Young McCann and Roke Iko
Every year, the U.S. federal government establishes goals for the awards of prime contracts and subcontracts to small business concerns. While agencies are responsible for achieving these goals by awarding prime contracts to small businesses, contractors that are “other than small” are obliged to
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April 19, 2021 - Cybersecurity & Data Privacy, National Security
U.S. Government Responds to SolarWinds Hack, Seeks to Establish New Norms for Cyber Espionage
By: Miriam H. Wugmeister, Brandon L. Van Grack and Tina D. Reynolds
After much anticipation and hints, the U.S. Government announced a series of measures to respond to recent Russian actions against the United States, including the SolarWinds intrusion campaign. The measures underscore that companies are not in a position and should not be left to
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April 14, 2021 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for March 2021
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: Which company resolved a foreign bribery case
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April 05, 2021 - Protests & Litigation
March 2021 Bid Protest Roundup
By: Victoria Dalcourt Angle
This past month marked the release of multiple notable bid protest decisions. On an issue of first impression, the Federal Circuit in Safeguard Base Operations [1] held that the Court of Federal Claims (COFC) has jurisdiction over bid protests based on the implied-in-fact contract
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April 01, 2021 - Small Business, Coronavirus
All Is Not Forgiven: PPP Forgiveness and Credits
By: Damien C. Specht, Edward Jackson and Alissandra Young McCann
On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations: What It Means for Government Contractors.” The hearing focused specifically on the interplay between Paycheck Protection Program
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March 23, 2021 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for February 2021
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 UK Serious Fraud Office (SFO) respond
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March 09, 2021 - Protests & Litigation
February 2021 Bid Protest Roundup (Law360 Spotlight)
By: James A. Tucker
This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a Federal Circuit decision clarifying the protest timelines applicable for triggering
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March 04, 2021 - False Claims Act
MoForecast Podcast: Predictions on the False Claims Act (FCA)
By: J. Alex Ward, Brian K. Kidd and James M. Koukios
In this episode of MoForecast, James Koukios speaks with Government Contracts Co-chair Alex Ward and Investigations + White Collar partner Brian Kidd about what to expect in the False Claims Act (FCA) space under the Biden Administration. Brian Kidd recently joined the firm from
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