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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June 18, 2020 - Small Business
Hot Topics in Government Contracting Virtual Conference – MoFo’s Ali Young Speaking
By: Alissandra Young McCann
Please join MoFo associate Ali Young during Jennifer Schaus & Associates’ Hot Topics in Government Contracting Virtual Conference on Tuesday, June 23, 2020. Ali’s session, “SBA New Regulations & What It Means for Small Business,” will start at 9AM EST. Ali will cover areas
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June 18, 2020 - International Public Procurement
Closing the Gap – European Union to Challenge Foreign Subsidies
By: Felix Helmstädter and Theresa Oehm
Foreign Subsidies Could Soon Become The Subject of Specified EU Regulations The EU Commission wants to create regulations to tackle impacts of foreign government funding in the EU. In its “White Paper on levelling the playing field as regards foreign subsidies,” published on June
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June 12, 2020 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for May 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 will the reversal of the “Bridgegate”
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June 11, 2020 - Data Rights, Intellectual Property
FedPubs Intellectual Property Series (June 16-30)
By: Tina D. Reynolds and Locke Bell
MoFo partner Tina Reynolds, senior counsel Jay DeVecchio, and associate Locke Bell will be presenting an upcoming FedPubs 3-part webinar series on intellectual property rules and regulations in government contracting. The series will provide an overview of the key principles governing the allocation of
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June 11, 2020 - Protests & Litigation, Defense, Compliance
Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security
By: J. Alex Ward and Victoria Dalcourt Angle
We have previously written about the challenges contractors face when pursuing costs incurred because of combat zone risks. These risks, and the resulting costs, can be unpredictable and are not always compensable. In ECC Int’l Constructors, LLC , ASBCA No. 59138, 19-1 BCA ¶
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June 09, 2020 - False Claims Act
Materiality & the Public Disclosure Bar: Fending Off Qui Tam Attacks
By: Victoria Dalcourt Angle
Enforcement activity by the U.S. Government historically spikes in the wake of heightened government spending, whether a result of wars, recessions, or natural disasters. Following the unprecedented infusion of public money to combat COVID-19 and stabilize the economy, contractors may anticipate a similar sharp
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June 08, 2020 - Protests & Litigation
May Bid Protest Roundup (Law360 Spotlight)
By: Alissandra Young McCann
This month’s Law360 spotlight examines three protest decisions addressing first article testing, proprietary information in unsolicited proposals, and timely submittal of proposals. In SSI Technology [i] , the U.S. Court of Federal Claims (COFC) found a sole source award for urgently needed parts appropriate
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June 05, 2020 - Small Business, Coronavirus
Congress Passes PPP Revisions and Advocates for Public Disclosure of Recipients
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCann
Updated June 5, 2020 In the wake of the massive economic disruption caused by the Coronavirus outbreak, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020. The Payroll Protection Program (PPP), which is part of the
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June 04, 2020 - Small Business
SBA Issues New Certification Regulations for Women-Owned Small Businesses
By: Tina D. Reynolds and Roke Iko
Starting July 15, 2020, a new certification process is being implemented for Women-Owned Small Businesses (“WOSBs”) and Economically Disadvantaged WOSBs (“EDWOSBs”) competing for U.S. federal set-aside, sole source, and multiple award contracts. The Small Business Administration (“SBA”), which is responsible for oversight of these
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May 27, 2020 - Small Business, Coronavirus
SBA Issues New Rules on PPP Loan Forgiveness and Loan Review Procedures
By: Tina D. Reynolds, Damien C. Specht, Alissandra Young McCann and Roke Iko
Since the inception of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) nearly eight weeks ago, the Small Business Administration (SBA) has issued loans under the Paycheck Protection Program (PPP) that have helped thousands of businesses remain afloat during the COVID-19
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