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
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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. 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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- 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... ›
Top Cybersecurity Considerations for Government Contractors in 2022
By: Tina D. ReynoldsThe cybersecurity posture of government contractors was an area of intense focus and ongoing regulatory development for the federal government in 2021. The coming year will also include many anticipated cybersecurity-related changes and developments. To learn more, read our client alert.... ›
December 2021 Bid Protest Roundup
By: Roke IkoThis 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... ›
A MoForward Warning Comes True: No Poach Enforcement Hits the Defense Industry
By: W. Jay DeVecchio and Lisa M. PhelanAt our annual MoForward event in October 2021, Lisa Phelan offered practical advice about avoiding U.S. Department of Justice (DOJ) criminal antitrust enforcement of “no poach” agreements, predicting the defense industry would soon become a target. Regrettably, Lisa’s prediction has come true. To learn... ›
Harmonia Holdings: Denied Pre-Award Protest Rises from the Dead Five Months Later as a Post-award Protest
By: James A. TuckerThe U.S. Court of Appeals for the Federal Circuit has issued its long-awaited decision in Harmonia Holdings Group, LLC v. United States , vacating a bid protest decision the U.S. Court of Federal Claims rendered nearly two years ago. The new decision is an important... ›
November 2021 Bid Protest Roundup
By: Krista A. NunezThis 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... ›
Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?
By: J. Alex Ward, Andrew R. Turnbull and Krista A. NunezOn 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... ›
Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications
By: Andrew R. TurnbullOn 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... ›
GAO Finds CIO-SP4 Solicitation Is Unduly Restrictive of Competition
By: Damien C. Specht and James A. TuckerThe 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... ›
Subcontractor Data Rights Challenges: A Need For Clarity
By: W. Jay DeVecchio and Locke BellMoFo’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... ›