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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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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August 12, 2024 - Cybersecurity & Data Privacy
FedRAMP to the Future
By: Tina D. Reynolds and Sandeep N. Nandivada
The Federal Risk and Authorization Management Program (FedRAMP), the program for authorization of cloud services for sale to the federal government that has been around since 2011, is getting an upgrade. On July 25, 2024, the Office of Management and Budget (OMB) issued a
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August 12, 2024 - Protests & Litigation
Bid Protest Spotlight: Misplaced Information, Conclusory Tradeoffs, and Inexperienced Protégés
By: James A. Tucker
This month’s bid protest roundup summarizes three protest decisions released in July. The first discusses an agency’s ability to ignore information that an offeror does not place in the correct part of its proposal. The second addresses an agency’s duty to document why a proposal’s technical
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July 25, 2024 - Protests & Litigation
June 2024 Bid Protest Roundup
By: Caitlin A. Crujido
This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an agency’s investigation into a potential Procurement Integrity Act violation; and the third
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July 18, 2024 - Protests & Litigation, Compliance
Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction
By: Locke Bell
A recent decision, Independent Rough Terrain Center, LLC v. United States (“ IRTC ”), [1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of other transaction (“OTs”) for Department of Defense prototype projects. The
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July 15, 2024 - Federal Procurement
Procurement Integrity Act
By: Sandeep N. Nandivada
The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits knowingly disclosing, or knowingly obtaining, source selection information or contractor bid or proposal
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July 10, 2024 - Compliance, False Claims Act
The End of Chevron Deference: What It Means for False Claims Act Litigation
By: J. Alex Ward and Victoria Dalcourt Angle
Under the Supreme Court’s decision in Chevron USA Inc. v. Natural Resources Defense Council, Inc. , 467 U.S. 837 (1984), for decades courts have sometimes been required “to defer to ‘permissible’ agency interpretations of [ambiguities in] statutes those agencies administer—even when a reviewing court
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Welcome to the Government Contracts Insights Blog

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

FedRAMP to the Future

By: Tina D. Reynolds and Sandeep N. Nandivada

Bid Protest Spotlight: Misplaced Information, Conclusory Tradeoffs, and Inexperienced Protégés

By: James A. Tucker

June 2024 Bid Protest Roundup

By: Caitlin A. Crujido

Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

By: Locke Bell

Procurement Integrity Act

By: Sandeep N. Nandivada

The End of Chevron Deference: What It Means for False Claims Act Litigation

By: J. Alex Ward and Victoria Dalcourt Angle