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.

Read about our Authors.

Never miss a post. Subscribe to get real-time updates.

May 19, 2020 - Small Business, Coronavirus
PPP Loan Forgiveness Application is Finally Here
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCann
During these uncertain economic times, the Small Business Administration (SBA) loans under the Paycheck Protection Program (PPP) have been a critical lifeline for many small businesses trying to weather the COVID-19 pandemic. The PPP, which we have written about previously , is part of
... ›
May 18, 2020 - Protests & Litigation, Defense, Compliance, Coronavirus
Contracting in the Fog of War: Recovering Costs Caused by an Epidemic
By: J. Alex Ward and Victoria Dalcourt Angle
Like the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post , responding to COVID-19 raises wartime contracting issues on the home front and abroad. In “
... ›
May 18, 2020 - International Public Procurement, Small Business, Coronavirus
Are Foreign Employees Included in Calculating Size for PPP’s 500-Employee Size Standard? New Guidance Makes the Answer Unclear
By: Damien C. Specht, Tina D. Reynolds and Alissandra Young McCann
Updated May 18, 2020 As many companies are likely aware by now, Small Business Administration (SBA) loans under the Paycheck Protection Program (PPP) provide aid to qualifying small businesses in the form of loans with terms favorable to borrowers, including, in particular, provisions that
... ›
May 13, 2020 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for April 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 did the Organization for Economic Cooperation
... ›
May 12, 2020 - Mergers & Acquisitions, Coronavirus
M&A Considerations Regarding CARES Act Loan Programs and Other Relief
By: Tina D. Reynolds, Spencer D. Klein and Alex Rheaume
In recent weeks Congress has authorized funding for a number of programs intended to provide relief to small- and medium-sized businesses and certain particularly hard-hit industry sectors, as well as to American businesses more generally. The parties to a potential M&A transaction must be
... ›
May 11, 2020 - Acquisition Regulations, Protests & Litigation
Try, Try Again
By: Kathy C. Weinberg
A recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act (TINA). The Armed Services Board of Contracting Appeals did not
... ›
May 07, 2020 - False Claims Act
Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Problems (Morrison & Foerster’s Remote Learning Series Session #2)
By: J. Alex Ward
Join Alex Ward and Rachael Plymale for the second presentation in Morrison & Foerster’s Government Contracts Remote Learning Series. Register here. In “Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Concerns,” Alex and Rachael will discuss high-risk areas for contractors, explain
... ›
May 06, 2020 - Protests & Litigation
April Bid Protest Roundup (Law360 Spotlight)
By: Lyle F. Hedgecock and Caitlin A. Crujido
This installment of our monthly Law360 bid protest spotlight features a number of noteworthy decisions from the U.S. Government Accountability Office (GAO), Court of Federal Claims (COFC) and Federal Circuit. Eskridge & Associates addresses the hurdles associated with establishing prejudice. Abacus Technology Corporation discusses
... ›
May 06, 2020 - Acquisition Regulations, Coronavirus
The Basics of Undefinitized Contractual Actions (UCAs)
By: Lyle F. Hedgecock
The federal contracting process is famous for its exacting approach to competitive procurement, which safeguards taxpayer funds and principles of fairness. This emphasis on process, however, can slow the wheels of the acquisition machine. The rapid spread of COVID-19, however, has required the government
... ›
May 06, 2020 - Small Business, Coronavirus
Is My Company’s PPP Loan “Necessary to Support Ongoing Operations?” What If I’m Wrong?
By: Tina D. Reynolds and Damien C. Specht
This post has been updated on May 6, 2020 with new safe harbor deadline for repayment of PPP loans. Given the proliferation of adverse news articles and TV pundit segments about well-funded companies that have received federal, Small Business Administration (SBA) loans under the
... ›