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 06, 2020 - Acquisition Regulations, Coronavirus
The Basics of Undefinitized Contractual Actions (UCAs)
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
... ›
May 05, 2020 - Small Business, Coronavirus
CARES SBA Loan Eligibility and Process (UPDATED)
By: Tina D. Reynolds and Damien C. Specht
(This post has been updated on May 5, 2020) The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) allows certain eligible companies and individuals to obtain loans of up to $10 million or 2.5 times the average monthly payroll costs over the
... ›
May 04, 2020 - Cybersecurity & Data Privacy
Department of Defense March Towards CMMC Continues
By: Tina D. Reynolds
Although, as of late, the coronavirus and its impact have been top of mind for government contractors and, indeed, the entire world, the Department of Defense (DoD) has continued undeterred with its planned implementation of the Cybersecurity Maturity Model Certification (CMMC) program. Below we
... ›
April 27, 2020 - Small Business, Coronavirus
House Passes a $484 Billion Relief Package; Treasury and the SBA Release New Guidelines for PPP Loans
By: Tina D. Reynolds and Damien C. Specht
On Thursday, April 23, 2020, the U.S. House of Representatives voted in favor of the $484 billion relief package that passed in the Senate earlier this week. Once signed into law, the legislation will revive the Small Business Administration (SBA) Paycheck Protection Program (PPP),
... ›
April 16, 2020 - Data Rights, Intellectual Property
The Data Rights Black Hole: DOD Lobbies Congress to Eliminate Proprietary Rights in Your Most Valuable Trade Secrets — Your Detailed Manufacturing and Process Data
A long time ago in a galaxy far, far away, the Department of Defense (“DOD”) and industry came together after more than seven years of discussions and created a rational, logical, and fair constellation of regulations and laws governing the DOD’s and contractors’ rights
... ›
April 15, 2020 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for March 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 has the COVID-19 Pandemic impacted anti-corruption
... ›
April 10, 2020 - Small Business, Coronavirus
SBA Overhauls the Disaster Loan Application Process in Response to the CARES Act
By: Damien C. Specht
During these uncertain times, small businesses have been pursuing both Paycheck Protection Program and SBA Economic Injury Disaster loans. Note, however, that Disaster loan applications submitted manually to the SBA prior to March 27 may require resubmission. After the passage of the CARES Act,
... ›
April 09, 2020 - Coronavirus
Limits on a Contractor’s Ability to Recover for Unforeseen Risks in the Age of COVID-19
By: J. Alex Ward and Victoria Dalcourt Angle
Communities across the country and around the world are fighting a war against COVID‑19. This is also true – maybe even especially true – for government contractors. Responding to COVID-19 raises wartime contracting issues on the home front and abroad. As we previously observed
... ›
April 09, 2020 - Coronavirus
Guidance Issued for CARES Act Relief For Contractors
In an earlier post concerning contractor relief under the CARES Act, we noted Section 3610 as one of the provisions most likely to benefit government contractors directly because it allowed for agencies to modify contracts to reimburse contractors for costs associated with paid leave (including
... ›

Welcome to the Government Contracts Insights Blog

The Basics of Undefinitized Contractual Actions (UCAs)

Is My Company’s PPP Loan “Necessary to Support Ongoing Operations?” What If I’m Wrong?

By: Tina D. Reynolds and Damien C. Specht

CARES SBA Loan Eligibility and Process (UPDATED)

By: Tina D. Reynolds and Damien C. Specht

Department of Defense March Towards CMMC Continues

By: Tina D. Reynolds

House Passes a $484 Billion Relief Package; Treasury and the SBA Release New Guidelines for PPP Loans

By: Tina D. Reynolds and Damien C. Specht

The Data Rights Black Hole: DOD Lobbies Congress to Eliminate Proprietary Rights in Your Most Valuable Trade Secrets — Your Detailed Manufacturing and Process Data

Top 10 International Anti-Corruption Developments for March 2020

By: Charles E. Duross and James M. Koukios

SBA Overhauls the Disaster Loan Application Process in Response to the CARES Act

By: Damien C. Specht

Limits on a Contractor’s Ability to Recover for Unforeseen Risks in the Age of COVID-19

By: J. Alex Ward and Victoria Dalcourt Angle

Guidance Issued for CARES Act Relief For Contractors