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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November 03, 2020 - Data Rights, Cybersecurity & 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
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October 22, 2020 - Small Business
New Small Business Rules: Capabilities of Small Business Joint Venture Members and First-Tier Subcontractors
By: Damien C. Specht and James A. Tucker
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
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October 16, 2020 - Acquisition Regulations, Defense
New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority
By: J. Alex Ward and Kathy C. Weinberg
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
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October 16, 2020 - Small Business
SBA Issues Wide-Ranging Final Rule Addressing Government Contracting Programs
By: Damien C. Specht and James A. Tucker
The Small Business Administration (SBA) today issued a significant final rule addressing numerous issues of interest to Federal contractors. With one exception, the rule will take effect on November 16, 2020. We anticipate addressing the more important changes in greater detail in the coming
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October 14, 2020 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for September 2020
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: What made September 2020 such a busy
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October 13, 2020 - False Claims Act, Cybersecurity & Data Privacy
U.S. District Court for the District of Columbia Finds That Alleged Cybersecurity Vulnerability Is Not Material Under False Claims Act
By: Tina D. Reynolds and Victoria Dalcourt Angle
In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act (FCA) suit, finding that the relator both failed to
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October 07, 2020 - Protests & Litigation
September 2020 Bid Protest Roundup (Law360 Spotlight)
By: Caitlin A. Crujido
This month’s bid protest roundup ( featured on Law360 ) examines three recent decisions by the Government Accountability Office (GAO). The first, Sumaria Systems, Inc. , evaluates whether an agency’s use of the highest technically rated, reasonably priced offeror methodology violates the Federal Acquisition
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October 06, 2020 - Protests & Litigation
SBA Issues Additional Guidance on PPP Loans and Change of Ownership
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCann
We have received questions from a number of clients about whether SBA’s consent is required for a change of control involving a Paycheck Protection Program borrower. On October 2, SBA provided additional guidance that clarifies: 1. No consent is required (unless loan documents indicate
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October 01, 2020 - Announcements & Press
MoForward 2021 — Annual Government Contracts Program
Please join us for our annual MoForward event, which will be presented this year as a series of 10 live webinars starting Monday, October 5 and ending Friday, October 9. In order to register, click here and then click on the program titles to
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September 30, 2020 - Cybersecurity & Data Privacy
Department of Defense Issues CMMC Interim Rule, Setting up a Two-Part Process for Review of Contractor IT Systems
By: Tina D. Reynolds
On September 29, 2020, the Department of Defense (DoD) issued a long-anticipated interim rule implementing its Cybersecurity Maturity Model Certification (CMMC) program. The rule introduces a new mandatory construct, the DoD Assessment Methodology, to serve as an interim certification process before contractors undergo a
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