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.

April 11, 2022 - Acquisition Regulations

Sustainable Procurement FAR Case to Clarify FAR Part 23

Regulatory action around sustainable procurement and climate change continues to heat up. A recent Federal Acquisition Regulation (FAR) case on Sustainable Procurement takes another step towards implementing the Biden administration’s ambitious vision of leveraging federal procurement to confront the climate crisis. FAR case 2022-006 …›

April 6, 2022 - False Claims Act

False Claims in Independent Research and Development (IR&D): Federal District Court Adopts ATK Thiokol as the Knowledge Standard

Many government contractors, like other private enterprises, invest heavily in research and development (R&D) to improve the products and services they offer, in hopes of better meeting their customers’ needs. When those R&D efforts are “independent” of any particular contract—hence “IR&D” or “IRAD”—the …›

March 31, 2022 - Protests & Litigation

FAR Council Tightens Buy American Act Requirements

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued a final rule tightening the Buy American Act preference for domestic products and construction materials. The final rule makes only limited changes to the proposed rule we previously commented on. First, the effective …›

March 29, 2022 - Defense

DOD Adds Enhanced Post-Award Debriefing to the DFARS

Earlier this month, the U.S. Department of Defense (DOD) issued a final rule to add the 2018 National Defense Authorization Act’s enhanced post-award debriefing rights to the Defense Federal Acquisition Regulation Supplement (DFARS). The rule took effect immediately on March 18, 2022, and formalizes …›