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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July 31, 2019 - Defense, Data Rights, Intellectual Property
DOD’s Other Transactions: Data Rights & Intellectual Property Simplified
How To Handle Intellectual Property Rights In OTs: The Department of Defense is actively pursuing “Other Transactions” (OTs) instead of procurement contracts. This allows DOD and its contractors to avoid many of the most burdensome aspects of the procurement regulations. But it also allows
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July 29, 2019 - Protests & Litigation
“Mistake” In Government Contracts
By: James A. Tucker
Everyone knows that “ignorance of the law is no excuse.” But what about ignorance of the facts? In Woodies Holdings, L.L.C. v. United States , the Court of Federal Claims recently rejected a Government defense against a contractor claim and an affirmative counter-claim based
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July 23, 2019 - Acquisition Regulations, Federal Procurement, Domestic Preferences
President Issues New Domestic Preference Executive Order
By: Damien C. Specht and James A. Tucker
The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA). EO 13881 orders the Federal Acquisition Regulatory Council (FAR Council) within 180 days to “consider proposing”
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July 16, 2019 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for June 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 did a federal court have to
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July 10, 2019 - Protests & Litigation
June 2019 Bid Protest Roundup
By: Charles L. Capito
Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. This installment of our bid protest roundup takes a
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June 26, 2019 - Federal Procurement, Data Rights, Grants, Intellectual Property, Cybersecurity & Data Privacy
Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA
By: Tina D. Reynolds, James A. Tucker and Locke Bell
You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of Information request. In a reversal of long-standing
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June 25, 2019 - Small Business
SBA Proposed Rule Revised Timeframe for Receipt Calculation in Size Determinations
By: Damien C. Specht and Locke Bell
Responding to statutory requirements in the 2018 Small Business Runway Extension Act, the Small Business Administration (SBA) issued a proposed rule on June 24, 2019 to adjust its regulations on the calculation of average annual receipts in small business size determinations. This change would
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June 12, 2019 - Foreign Corrupt Practices Act
Top 10 International Anti-Corruption Developments for May 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: Which company entered into a Foreign Corrupt
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June 05, 2019 - Protests & Litigation
May 2019 Bid Protest Roundup
By: James A. Tucker
Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. This installment of our bid protest roundup takes a
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May 15, 2019 - Defense, False Claims Act, Cybersecurity & Data Privacy
Federal Court Confirms that Cybersecurity Gaps Can Form the Basis of False Claims Act Violations
By: J. Alex Ward and Tina D. Reynolds
Since the Department of Defense (DoD) and other federal agencies began implementing formal cybersecurity requirements for government contractors within the last few years, one lingering question on the minds of federal contractors and subcontractors has been: “What happens if I do not comply?” Firms,
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