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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March 27, 2017 - Compliance, Resources
Allowability of Legal Costs
The next in our Infographics series walks through the allowability of costs for certain in-house legal services. It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government.
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March 23, 2017 - Protests & Litigation, Compliance
CBCA Affirms It Cannot Direct an Agency to Revise a CPAR
By: J. Alex Ward
The Civilian Board of Contract Appeals (CBCA) recently affirmed that it would follow the Court of Federal Claims (COFC) and Armed Services Board of Contract Appeals (ASBCA) in refusing to direct an agency to revise a Contract Performance Assessment Report (CPAR). Compucraft, Inc. v.
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February 16, 2017 - Resources, Cybersecurity & Data Privacy
The Bayh-Dole Act
The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government. This infographic provides an overview of the Bayh-Dole Act, the steps that must be followed for contractors/grantees to retain ownership of title to IP,
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January 18, 2017 - Federal Procurement
OFPP Finds What Contractors Have Known: Effective Debriefings Will Lead To Better Proposals And Fewer Protests
On January 5, 2017, the Office of Federal Procurement Policy (“OFPP”) released the third memorandum in its “Myth-busting” series. The third memo found that effective debriefings help to prevent protests and that there is clear room for improvement in the ways in which agencies
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November 07, 2016 - Protests & Litigation, Resources
Timeline of a Contract Disputes Act Claim
The next in our “Timeline” series of infographics focuses on the Contract Disputes Act, 41 U.S.C. §§ 7101, et seq. (“CDA”). It provides a graphical overview of a CDA claim from start to finish.
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September 26, 2016 - Protests & Litigation
A Road Less Traveled: Agency-Level Protests
By: James A. Tucker
An agency just messed up a procurement, and you want to protest. Where do you go? The vast majority of bid protests are filed with the Government Accountability Office (GAO). A far smaller percentage of protests are brought as lawsuits before the Court of
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September 01, 2016 - Protests & Litigation, Resources
GAO Post-Award Protest Timeline
We're excited to announce a new series of infographics on our Government Contracts Insights blog. These infographics will highlight key trends and tips for companies in the government contracting community. Our first infographic focuses on the GAO Post-Award Protest Timeline, providing an in-depth timeline
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August 10, 2016 - Protests & Litigation
Analyzing Price Realism: When A Deal Is Too Good To Be True
By: James A. Tucker
Ordinarily, agencies may not evaluate whether an offeror’s price in a fixed-price acquisition is unrealistic (or “too low”). In Valor Healthcare, Inc. , B-412960; B-412960.2, July 15, 2016, 2016 CPD ¶ ___, however, the U.S. Government Accountability Office (GAO) has reminded parties that when a
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June 23, 2016 - Small Business
SBA Rule Changes Benefit Contractors, But Pitfalls Remain
By: Damien C. Specht
After much anticipation, the Small Business Administration has issued a final rule implementing numerous small business contracting reforms from the 2013 National Defense Authorization Act aimed at relaxing burdensome requirements and eliminating duplicative reporting. Overall, the new regulations are favorable to contractors, increasing contracting
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