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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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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September 24, 2020 - Labor & Employment
President Trump Issues Executive Order Banning Federal Contractors from Race and Sex Stereotyping Training
By: Andrew R. Turnbull and Locke Bell
On September 22, 2020, President Trump signed an Executive Order on Combatting Race and Sex Stereotyping (the “EO”), prohibiting federal contractors and certain federal grant recipients from holding diversity and EEO training for their workforce that includes “divisive concepts,” such as training employees that
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September 17, 2020 - Labor & Employment
OFCCP Seeks Comments on Annual AAP Certification Proposal
By: Andrew R. Turnbull and Victoria Dalcourt Angle
Government contractors may soon be required to certify annually that they have affirmative action programs (“AAP”) in place for their U.S. workforce. On September 14, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a notice seeking comments for its proposal to the
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September 17, 2020 - Acquisition Regulations, Federal Procurement, Domestic Preferences
Proposed Rule to Amend the Far’s Implementation of the Buy American Act
By: Damien C. Specht and James A. Tucker
Earlier this week, the FAR Council issued a proposed rule to implement President Trump’s Executive Order 13881. The Executive Order called for the expansion of the preference for domestic goods, products, and materials – particularly domestic iron and steel – in Federal procurements. If
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September 14, 2020 - Labor & Employment
OFCCP Issues New List of Advance Audit Notices
By: Andrew R. Turnbull
On September 11, 2020, the Office of Federal Contract Compliance Programs (OFCCP) released a list of nearly 900 federal supply and service contractors and subcontractors that it will be sending Corporate Scheduling Announcement Letters (CSALs) to for potential audits of over 2,200 contractor establishments.
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September 14, 2020 - Small Business, Resources, Coronavirus
PPP Loan Forgiveness Checklist
By: Damien C. Specht and Alissandra Young McCann
The Paycheck Protection Program (PPP), which is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, provides aid to qualifying small businesses in the form of loans with terms favorable to borrowers, including, in particular, provisions that allow potentially the entire loan amount
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September 10, 2020 - Protests & Litigation
August 2020 Bid Protest Roundup (Law360 Spotlight)
By: Locke Bell
This month’s bid protest roundup (featured on Law360 ) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers [i] , examines potential conflicts of interest arising out of the government’s reliance on contractors in its acquisition process. The second and
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August 17, 2020 - Defense
Clear Skies for Boeing After No-Waiver Ruling
By: Seth W. Lloyd
Below is an excerpt from one of Morrison & Foerster’s newest blogs, Federal Circuitry , which takes a data-driven look at the Federal Circuit. In addition to analyzing Federal Circuit statistics, the blog publishes a “Last Week in the Federal Circuit” roundup and a
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