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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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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March 02, 2021 - Protests & Litigation, Intellectual Property
U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement
By: Locke Bell
The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of thousands of government computers without using license-tracking software to monitor and limit the
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February 23, 2021 - International Public Procurement
Post-Brexit Government Procurement in the UK - Spot the Differences
By: Alistair Maughan
Brexit finally became a reality on 31 December 2020, as the UK reached the end of the agreed Transition Period after the UK’s departure from the EU. The UK government has heralded Brexit as a “historic opportunity to overhaul our outdated public procurement regime”.
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February 17, 2021 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for January 2021
By: James M. Koukios and Charles E. Duross
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 countries had the best, and the worst, showings
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February 09, 2021 - Protests & Litigation
January 2021 Bid Protest Roundup (Law360 Spotlight)
By: Locke Bell and Markus Gerhard Speidel
This month’s Law360 bid protest spotlight examines three recent protest decisions, each offering a cautionary tale to offerors in the stages prior to contract award. The first, HWI Gear [i] , emphasizes the requirement for small businesses undergoing an acquisition to recertify their size
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February 08, 2021 - Protests & Litigation
Stays of Performance During a GAO Bid Protest: Federal Circuit Says That Five Days After the Debriefing Date Means Five Days After the Debriefing Date
By: James A. Tucker
The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States , reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract performance in post-award protests to
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February 05, 2021 - Acquisition Regulations, Federal Procurement
New Year, New Domestic Preference Restrictions: Trump Final Rule and Biden Executive Order
By: Damien C. Specht and James A. Tucker
Despite their many differences, Presidents Trump and Biden agree on one thing: that the Government should favor American manufacturers over foreign companies by tightening the protectionist restrictions applicable to many Federal procurements. The outgoing and incoming Administrations each took actions this January that will
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February 03, 2021 - Small Business
8(a): The Small Business Administration’s Program for Socially & Economically Disadvantaged Businesses (Guide 3 of 4)
By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke Iko
SBA’s 8(A) BUSINESS DEVELOPMENT PROGRAM What is the 8(a) program and what is it intended to do? The 8(a) program, officially designated the 8(a) Business Development program, is designed to assist small minority-owned businesses compete in the wider American economy. See 13 C.F.R. Part
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February 03, 2021 - Protests & Litigation, Small Business
Small Business Administration (SBA) Programs (Guide 2 of 4)
By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke Iko
Many government programs exist to help small businesses—especially minority-owned small businesses—secure a foothold in government contracting. Read on to learn more about some common programs, the basic eligibility requirements, and how to register for them. These programs are quite complicated and you should consult
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February 03, 2021 - Small Business
Access to Capital-Funding Opportunities for Minority-Owned Businesses in Government Procurement (Guide 4 of 4)
By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke Iko
Capital is the lifeblood of small businesses and fundamental to their formation and growth. However, obtaining capital can be difficult for minority-owned business enterprises (MBEs), as a lack of access to capital is one of the primary barriers for MBEs hoping to enter the
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