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Morrison & Foerster’s Government Contracts Insights blog provides an in-depth analysis of news, developments, and trends impacting government contracting and procurement.


January 21, 2022Protests & Litigation

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts to Determine Which Arguments Succeed or Fail

The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in which it blocked the Occupational Safety and Health Administration’s (“OSHA’s”) emergency temporary standards (“ETS”), otherwise known as the “vaccine ...›

January 10, 2022Protests & Litigation

December 2021 Bid Protest Roundup

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in the proposal process, (2) the requirements for an agency’s brand-name justification, and (3) whether there is a presumption of prejudice if a protester ...›

December 10, 2021Protests & Litigation

November 2021 Bid Protest Roundup

This month’s Law360 Bid Protest Roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC). These decisions involve (1) the consequences of key personnel unavailability that occurs during corrective action following a protest, (2) the government’s exposure to sanctions for failing ...›

December 8, 2021Labor/Employment

Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?

On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social distancing requirements and all implementing guidance. Although the Georgia court’s nationwide injunction likely will remain in effect for the immediate ...›

December 3, 2021Labor/Employment

Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications

On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually whether they have developed and maintained an affirmative action program (AAP) for each of their establishments or functional units. OFCCP has created a new “Contractor ...›

December 1, 2021Protests & Litigation

GAO Finds CIO-SP4 Solicitation Is Unduly Restrictive of Competition

The Chief Information Officer-Solutions and Partners 4 (CIO-SP4) procurement of the National Institutes of Health’s Information Technology Acquisition and Assessment Center (NITAAC) has garnered a great deal of attention. With confusion over evaluation criteria, a string of last-minute solicitation amendments and reversals, short extensions of the rushed due dates for proposals, and a series of major ...›