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.


Federal Procurement
February 21, 2018Acquisition Regulations, Compliance

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation.  Today more than ever, however, the federal government is making use of cutting edge procedures and methods to attract commercial companies to government contracting and to encourage modernization and efficiency in procurements.  Below we ...›

Protests and Litigation
February 14, 2018Protests & Litigation

Pilot Testing of GAO’s New Filing System Currently Underway

Earlier this month, the GAO announced that its long-awaited electronic protest docketing system (EPDS) is now operational and undergoing limited pilot testing with certain designated protests filed since February 1.  EPDS is a major step forward from the current system of emailing all protest-related filings to a single GAO email address (or faxing or hand-delivering ...›

Protests and Litigation
February 8, 2018Protests & Litigation

January 2018 Bid Protest Roundup

The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old habits die hard. Organizational Conflicts of Interest GAO issued three decisions in January 2018 addressing OCI evaluations. 1. Superlative Techs., Inc.; Atlantic Sys. Grp., ...›

February 1, 2018Compliance, Defense

Millennials Outraged Over GAO Decision Upholding DoD Determination that Millennials Won’t Keep a Job

(Editor’s Note: The author of this post is millennial, though she does not admit it and we don’t hold it against her.) “Outraged” may be a tad dramatic, and the Department of Defense (DoD) didn’t actually make any determinations about millennials and their work ethic, but nevertheless millennials took center stage in the Government Accountability ...›

Protests and Litigation

Rare Federal Circuit Protest Decision Affirms Agency Discretion in Sole Source Context

Last week, the Federal Circuit issued a rare opinion on a bid protest in Agustawestland North America, Inc. v. United States.  Bid protest decisions by the Court of Federal Claims are seldom appealed by protesters because the ability to get a meaningful remedy quickly dissipates as contract performance commences.  In this case, however, the Government ...›

FCA
January 29, 2018False Claims Act

DOJ Takes On Meritless Qui Tam Actions

A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to risk their reputations to fight False Claims Act (FCA) allegations.  While the FCA has long explicitly authorized DOJ to seek ...›

Compliance
January 25, 2018Compliance

Don’t Mean to Harsh Your Mellow, But…

In a time of uncertainty caused by competing state and federal laws surrounding the use of recreational marijuana, the Drug-Free Workplace Act sets forth clear expectations for government contractors: they must follow federal laws prohibiting drug use when operating in states that allow such use. This is an obligation that is more important than ever ...›