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 26, 2025 - Cybersecurity & Data Privacy
FedRAMP 20x: Reformulating the Authorization Process
By: Tina D. Reynolds
FedRAMP Director Pete Waterman recently unveiled the “FedRAMP 20x” plan – a proposal designed to reimagine and reformulate the FedRAMP authorization process for federal government use of cloud-based products and services. Engagement with stakeholders is a key part of the initiative, as is reducing
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March 25, 2025 - Protests & Litigation
Court of Federal Claims Confirms Jurisdiction over Other Transaction (OT) Bid Protests
By: Locke Bell and Thomas Lee
Last month, in Raytheon Co. v. United States , [1] the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC the “de facto forum” for such protests, at
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March 24, 2025 - Labor & Employment
President Trump Revokes the Biden-Era Federal Minimum Wage for Contractors
By: James A. Tucker
In recent years, presidents have attempted to impose minimum wage requirements on federal contractors without the need to go through Congress. These requirements have been in addition to the wage floors set by individual states or statutory federal regimes like the Service Contract Act
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March 17, 2025 - Labor & Employment
Fourth Circuit Stays Injunction of Trump DEI Executive Orders
By: Andrew R. Turnbull
On March 14, 2025, a three-judge panel on the U.S. Court of Appeals for the Fourth Circuit stayed the nationwide preliminary injunction of President Trump’s Executive Orders 14173 and 14151 (DEI EOs). As we previously reported , a federal district court in Maryland enjoined
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March 14, 2025 - Protests & Litigation
Bid Protest Roundup: Past Performance, Preliminary Injunctions, and Novel Regulatory Requirements
By: Markus Gerhard Speidel
This month’s Bid Protest Roundup highlights two Court of Federal Claim decisions, addressing past performance and injunctive relief, and one by the U.S. Government Accountability Office (“GAO”), clarifying the applicability of new regulatory requirements to existing IDIQs. AcmeSolv, LLC v. United States [1] AcmeSolv,
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March 12, 2025 - Intellectual Property
Marking Commercial Technical Data After FlightSafety
By: Locke Bell and Thomas Lee
There is no law or regulation instructing contractors how to mark commercial technical data delivered to the Department of Defense (DoD). [1] Yet the DoD Federal Acquisition Regulation Supplement (DFARS) is quite clear that contractors and their suppliers must mark such data to protect
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February 21, 2025 - Protests & Litigation
Bid Protest Spotlight: Registration, Substantiation, Experience
To kick off the new year, this bid protest spotlight highlights two U.S. Government Accountability Office decisions involving System for Award Management (SAM) registration requirements when submitting an “offer” and an agency’s improper reliance on technology in making procurement decisions. This spotlight also covers
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February 19, 2025 - Labor & Employment, Compliance
Unpacking the Trump Administration’s DEI Orders and Actions – FAQs and Action Plans
By: Andrew R. Turnbull and Sandeep N. Nandivada
Amidst the ongoing flurry of executive actions targeting Diversity, Equity, and Inclusion (“DEI”) programs and policies, causing confusion and disruption across the federal government and private sectors, companies are struggling to understand the impact of those actions on their organizations. To help companies understand
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February 14, 2025 - Federal Procurement, Resources
DoD Other Transactions (OTs) Desk Reference
By: Locke Bell, Tina D. Reynolds and Damien C. Specht
The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to the warfighter. [1] This is not a departure from any
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February 10, 2025 - Federal Procurement
Deja Vu All Over Again: Trump’s Tariffs and their Impact on Government Contractors
By: J. Alex Ward and Sandeep N. Nandivada
President Trump has called himself the “Tariff Man” and has said that “Tariffs are the greatest thing ever invented.” [1] It therefore should come as no surprise that, in the first month since taking office, he has announced sweeping tariffs against Mexico , Canada
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Welcome to the Government Contracts Insights Blog

FedRAMP 20x: Reformulating the Authorization Process

By: Tina D. Reynolds

Court of Federal Claims Confirms Jurisdiction over Other Transaction (OT) Bid Protests

By: Locke Bell and Thomas Lee

President Trump Revokes the Biden-Era Federal Minimum Wage for Contractors

By: James A. Tucker

Fourth Circuit Stays Injunction of Trump DEI Executive Orders

By: Andrew R. Turnbull

Bid Protest Roundup: Past Performance, Preliminary Injunctions, and Novel Regulatory Requirements

By: Markus Gerhard Speidel

Marking Commercial Technical Data After FlightSafety

By: Locke Bell and Thomas Lee

Bid Protest Spotlight: Registration, Substantiation, Experience

Unpacking the Trump Administration’s DEI Orders and Actions – FAQs and Action Plans

By: Andrew R. Turnbull and Sandeep N. Nandivada

DoD Other Transactions (OTs) Desk Reference

By: Locke Bell, Tina D. Reynolds and Damien C. Specht

Deja Vu All Over Again: Trump’s Tariffs and their Impact on Government Contractors

By: J. Alex Ward and Sandeep N. Nandivada