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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January 15, 2020 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for December 2019
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 corporate foreign bribery enforcement actions were
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January 15, 2020 - Protests & Litigation, Compliance
Defective Certifications: Where to Draw the Line?
By: Caitlin A. Crujido
Somewhat surprisingly, the end of 2019 provided two decisions regarding defective certifications, including one from the Federal Circuit. The first case, Kirlin Builders, LLC , ASBCA No. 61901, reminds readers that a defective certification, as opposed to no certification at all, is a correctable
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January 07, 2020 - Cybersecurity & Data Privacy
A Watershed Moment in Cybersecurity for Government Contractors – Anticipated Impacts of the Department of Defense’s Cybersecurity Maturity Model Certification Program
By: Tina D. Reynolds
As 2020 begins, one of the biggest changes facing contractors working with the U.S. Department of Defense (“DoD”) is the implementation of DoD’s enhanced cybersecurity regulations, known as the Cybersecurity Maturity Model Certification (“CMMC”) program. CMMC has the potential to be a game changer
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December 16, 2019 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for November 2019
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: Was the U.S. Department of Justice (DOJ)
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December 09, 2019 - Small Business
SBA’s Long-Awaited Implementation of the Runway Extension Act Is Finally Here
By: Damien C. Specht and Alissandra Young McCann
For many small business government contractors, the winter holidays came early on December 5, 2019, when the Small Business Administration (“SBA”) issued its final rule adjusting its regulations on the calculation of average annual receipts in small business size determinations for revenue-based size standards.
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December 06, 2019 - Protests & Litigation
November 2019 Bid Protest Roundup (Law360 Spotlight)
This installment of our monthly bid protest Law360 spotlight examines four protest decisions released in November 2019. In Inserso , GAO clarifies that a technical acceptability requirement is not equivalent to a lowest-price technically acceptable procedure. In Chromalloy , the Court of Federal Claims
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December 05, 2019 - Protests & Litigation, Announcements & Press
MoFo’s Kevin Mullen to Speak at PubKGroup’s Annual Review 2019
By: Kevin P. Mullen
On Thursday, December 12, 2019, Morrison & Foerster Government Contracts practice Co-Chair Kevin Mullen will once again be a featured speaker at PubKGroup’s Annual Review 2019 webinar. The program will feature over 20 speakers from government, industry, and private practice to speak on the
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November 25, 2019 - Protests & Litigation
GAO Bid Protest Statistics for FY 2019
By: James A. Tucker
The Government Accountability Office (GAO) has released its report on bid protest statistics for Fiscal Year 2019. As in past years, the GAO’s figures count supplemental protests by the same protester and other parties’ protests of the same procurement as separate cases. This means
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November 21, 2019 - National Security
Foreign Investment 2020 (Part 4): Who’s In, Who’s Out, and Why It Matters
This is the fourth in our multipart series of alerts addressing proposed regulations published in the Federal Register on September 24, 2019, for the Committee on Foreign Investment in the United States (CFIUS) to implement the Foreign Investment Risk Review Modernization Act (FIRRMA). One of the most anticipated
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November 14, 2019 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for October 2019
By: James M. Koukios and Charles E. Duross
In order to provide an overview for busy in-house counsel and compliance professionals, we’ve summarized 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 new U.S. Department of Justice
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