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.


Intellectual Property
August 16, 2018Compliance, Intellectual Property

FedPubs Intellectual Property Webinar Series

MoFo partners Jay DeVecchio and Tina Reynolds and associate Locke Bell will be co-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 rights in technical data, computer software, and patents. Attendees will learn the ...›

Federal Procurement

“Workin’ Nine to Five” – But Not in a Government Office: Requesting a Debriefing

In Exceptional Software Strategies, Inc., B-416232, the Government Accountability Office (GAO) recently addressed the obscure rules for when a disappointed offeror must request a debriefing.  It’s generally well known that, in procurements where offerors may have a right to debriefings, a disappointed offeror must submit a written request to the contracting officer within three days ...›

August 2, 2018Protests & Litigation

July 2018 Bid Protest Roundup

This month’s roundup discusses three noteworthy decisions from the Government Accountability Office (GAO) covering timeliness, premature claims, and competitive range exclusion notice, and one decision from the Court of Federal Claims regarding third-party intervention. These cases serve as important reminders for protesters and awardees. Government Accountability Office 1. CWIS, LLC, B-416544, July 12, 2018 – ...›

Protests and Litigation

Corporate Transactions as a Basis for Protest (Post-Award Protest Primer #18)

Most corporate transactions go forward without protests.  Several prominent protest decisions over the last few years, however, have drawn attention to the complicated and sometimes unpredictable effect corporate transactions can have on pending procurements.  This uncertainty is exacerbated by the (often required) secrecy around pending transactions and the fact that potential corporate transactions may be ...›

Intellectual Property
July 19, 2018Intellectual Property

ASBCA’s Landmark Holdings in CiyaSoft: Government Bound by Commercial Computer Software License It Never Saw and Has An Implied Obligation to Protect Licensed Software

In a decision published last week, Appeals of CiyaSoft Corp., ASBCA Nos. 59519, 59913, the Armed Services Board of Contract Appeals (ASBCA) held for the first time that the Government may be bound by the terms of a commercial software license it has neither seen nor expressly agreed to, so long as those terms are ...›

Protests and Litigation
July 5, 2018Protests & Litigation

June 2018 Bid Protest Roundup

This month’s roundup features one noteworthy decision from the Court of Federal Claims (COFC) regarding improper agency corrective action, and two decisions from the Government Accountability Office (GAO) concerning unequal access type organizational conflicts of interest (OCIs). Court of Federal Claims Centerra Group, LLC v. United States and Paragon Systems, Inc., No. 18-219C, e-filed June 7, ...›

Federal Procurement

Soothsaying Oracle: What GAO’s Decision Concerning DoD Prototype OTAs Means for DoD and Beyond

Other Transaction Agreements (OTAs):  The term is familiar among government contractors, yet commonly misunderstood.  Recently, the Government Accountability Office (GAO), in Oracle America, Inc., B-416061, May 31, 2018, 2018 CPD ¶ ___, defined OTAs as “legally-binding instruments, other than contracts, grants, or cooperative agreements, that generally are not subject to federal laws and regulations applicable ...›