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.

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 ...›

November 23, 2021Protests & Litigation

Subcontractor Data Rights Challenges: A Need For Clarity

MoFo’s Jay DeVecchio and Locke Bell recently published an article in Thomson Reuters’ The Government Contractor. The article, titled, “Subcontractor Data Rights Challenges: A Need For Clarity,” offers practical advice about how subcontractors should handle a DoD technical data validation challenge in light of contradictory and confusing provisions in the data validation clauses. The article can ...›

November 10, 2021Protests & Litigation


This month’s Law360 Bid Protest Roundup features three cases from the Court of Federal Claims (COFC). The court’s decisions provide important insights into bid protest standing, challenges to Small Business Innovation Research (SBIR) decisions under bid protest jurisdiction, and the significance of timely filing requests for intervention. Aero Spray In multiple-award indefinite delivery/indefinite quantity (IDIQ) contracts, parties ...›

November 3, 2021Labor/Employment

New Task Force Guidance Signals Some Flexibility for Contractors

On November 1, 2021, the Safer Federal Workforce Task Force (the “Task Force”) added new FAQs to its guidance on Executive Order 14042 (“EO 14042”), signaling that contractors have some flexibility to go beyond the rapidly-approaching December 8, 2021 deadline for covered employees to be fully vaccinated against COVID-19. The Task Force also encouraged federal agencies to work ...›

October 14, 2021Cybersecurity & Data Privacy

DOJ Cyber-Fraud Initiative Highlights Potential Civil Liability for Failing to Meet Federal Cybersecurity Requirements

The Department of Justice (DOJ) has created a new Civil Cyber-Fraud Initiative to use the power of the False Claims Act (FCA) to initiate suits against federal contractors and grant recipients that fall short of their regulatory and contractual cybersecurity obligations. This initiative, announced on October 6, 2021, builds on the Biden administration’s efforts to protect federal ...›

October 6, 2021Protests & Litigation

September 2021 Bid Protest Roundup

This month’s Law360 Bid Protest Roundup focuses on one recent U.S. Court of Federal Claims decision, as well as two Government Accountability Office (GAO) decisions. All three involve solicitations issued by the Department of Veterans Affairs (VA), but each serves as a different, important reminder for disappointed offerors seeking to have their own protests sustained. Land Shark Shredding[1] In Land ...›

October 5, 2021Protests & Litigation

Where Can You Protest an Other Transaction Award? Insights from Kinemetrics

As federal agencies, and the Department of Defense in particular, increasingly allocate greater amounts of their annual budgets to nontraditional contracting arrangements generally known as other transactions (“OTs”) or other transaction agreements (“OTAs”), a common question continues to come up: “We just lost a significant OTA competition; can we file a bid protest?” The answer to this ...›

October 1, 2021Coronavirus

Overview of Prior Guidance for PPP Loans

The Paycheck Protection Program (“PPP”) began with rushed legislation and a race for financial support in the middle of a pandemic. This race was hardly a straight line as the Small Business Administration (“SBA”) and the U.S. Department of the Treasury scrambled to build the program in flight, issuing a series of evolving FAQs and ...›

September 27, 2021Coronavirus, Labor/Employment

What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors

On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (the “Order”). Although the Guidance recognizes that the Order is limited to only certain types of contracts, the Task Force strongly encourages federal agencies to apply these requirements broadly to nearly all federal contracts entered ...›

September 22, 2021Small Business

SBA Issues Final Rule on Appeals Process for PPP Loan Review Decisions

The Small Business Administration (SBA) issued a final rule on Borrower Appeals of Final SBA Loan Review Decisions Under the Paycheck Protection Program on Thursday, September 16, 2021, that updates its interim final rule from August 27, 2020, and clarifies open issues. As we discussed previously, the SBA may review a borrower’s Paycheck Protection Program (PPP) loan application or ...›