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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November 07, 2024 - Protests & Litigation
Other Transaction (OT) Bid Protests: A Call for Clarity and Consistency
By: Locke Bell
In a recent contribution to BRIEFING PAPERS , “Other Transaction (OT) Bid Protests: A Call for Clarity and Consistency,” Locke Bell answers common questions and offers practical guidance on whether and where to protest OT awards. Read the full article.
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October 30, 2024 - Small Business
SBA Proposes to Require the Rule of Two for Most Task and Delivery Order Competitions
By: Damien C. Specht and James A. Tucker
On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to mandate a Rule of Two analysis for most task and delivery order competitions, except under Federal Supply Schedule (FSS) contracts. The proposed rule implements a recommendation the Office of Federal
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October 08, 2024 - Federal Procurement
DoD Dusts Off Other Transactions (OT) Regulations
By: Tina D. Reynolds and Locke Bell
On September 4, 2024, the U.S. Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on production OTs. The changes would bring the regulations up to date with the
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October 08, 2024 - False Claims Act
Ninth Circuit Sits En Banc to “Tidy Up the Law” on the False Claims Act’s First-to-File Rule
By: J. Alex Ward and Victoria Dalcourt Angle
In September 2024, the Ninth Circuit reversed in part a district court’s dismissal of an action under the False Claims Act (FCA or the “Act”) for lack of jurisdiction under the Act’s First-to-File Rule and held that the First-to-File Rule is not jurisdictional. In
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October 04, 2024 - Protests & Litigation
Bid Protest Spotlight: Debriefings, Timeliness, Documentation
By: James A. Tucker
This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government Accountability Office and the U.S. Court of Federal Claims.
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October 01, 2024 - False Claims Act
The FCA’s Qui Tam Provisions Under Fire
By: J. Alex Ward, Adam L. Braverman and Victoria Dalcourt Angle
Last year, Justice Clarence Thomas’s dissent in United States ex rel. Polansky v. Executive Health Resources, Inc. , 599 U.S. 419 (2023) (“ Polansky ”), resurrected an old debate about whether the False Claims Act (FCA) qui tam provisions violate Article II of the
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September 09, 2024 - Protests & Litigation
Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request
By: Alissandra Young McCann
This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions addresses a different type of challenge: a solicitation challenge during the course
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August 29, 2024 - Federal Procurement
DoD Aligns with FAR on Sustainable Procurement
By: J. Alex Ward and Markus Gerhard Speidel
The U.S. Department of Defense (DoD) issued a final rule bringing the Defense Federal Acquisition Regulation Supplement (DFARS) into alignment with changes to the Federal Acquisition Regulation (FAR) that reorganized Part 23 on Sustainable Procurement. The rule, issued on August 15, 2024, became effective immediately.
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August 29, 2024 - Small Business
Size Recertifications Following Mergers and Acquisitions: Coming Changes to the Small Business Regulations
By: Damien C. Specht, James A. Tucker and Alissandra Young McCann
In a significant new proposed rule , the Small Business Administration (SBA) proposes to alter a number of regulations, including those governing size recertifications following mergers and acquisitions. We have previously discussed (in this article and this article ) recent decisions of the SBA
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August 14, 2024 - Small Business
Summertime Sadness for Mentor Protégé Joint Ventures
By: Alissandra Young McCann and Damien C. Specht
This summer has seen two notable updates that parties to mentor-protégé joint ventures (MPJVs) should be aware of. First , buried in a Notice that the U.S. Small Business Administration (SBA) issued on July 22, 2024, is a request for comments regarding updates that involve
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Welcome to the Government Contracts Insights Blog

Other Transaction (OT) Bid Protests: A Call for Clarity and Consistency

By: Locke Bell

SBA Proposes to Require the Rule of Two for Most Task and Delivery Order Competitions

By: Damien C. Specht and James A. Tucker

DoD Dusts Off Other Transactions (OT) Regulations

By: Tina D. Reynolds and Locke Bell

Ninth Circuit Sits En Banc to “Tidy Up the Law” on the False Claims Act’s First-to-File Rule

By: J. Alex Ward and Victoria Dalcourt Angle

Bid Protest Spotlight: Debriefings, Timeliness, Documentation

By: James A. Tucker

The FCA’s Qui Tam Provisions Under Fire

By: J. Alex Ward, Adam L. Braverman and Victoria Dalcourt Angle

Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

By: Alissandra Young McCann

DoD Aligns with FAR on Sustainable Procurement

By: J. Alex Ward and Markus Gerhard Speidel

Size Recertifications Following Mergers and Acquisitions: Coming Changes to the Small Business Regulations

By: Damien C. Specht, James A. Tucker and Alissandra Young McCann

Summertime Sadness for Mentor Protégé Joint Ventures

By: Alissandra Young McCann and Damien C. Specht