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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November 23, 2021 - Protests & Litigation
Subcontractor Data Rights Challenges: A Need For Clarity
By: W. Jay DeVecchio and Locke Bell
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
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November 12, 2021 - Coronavirus
Untangling the Vaccine Mandate – Updates and Answers to Frequently Asked Questions
By: J. Alex Ward, Andrew R. Turnbull, James A. Tucker and Krista A. Nunez
Since our October 14, 2021 webinar, much has developed in the rapidly evolving compliance world of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO” or “EO 14042”). In case you missed it, we issued two prior alerts on some of these
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November 10, 2021 - Protests & Litigation
OCTOBER 2021 BID PROTEST ROUNDUP
By: Lyle F. Hedgecock
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
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November 08, 2021 - Protests & Litigation, Coronavirus
Federal Court Temporarily Halts OSHA ETS—EO 14042’s New January 4, 2022 Vaccine Deadline Remains
By: Andrew R. Turnbull, Monica A. Rodriguez, Jinny S. Hwang and Krista A. Nunez
Less than three days after the Occupational Health and Safety Administration (“OSHA”) released its November 4, 2021, emergency temporary standards on COVID-19 vaccines and testing (the “ETS”), on November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the ETS, citing the
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November 03, 2021 - Labor & Employment, Coronavirus
New Task Force Guidance Signals Some Flexibility for Contractors
By: Andrew R. Turnbull, J. Alex Ward and Krista A. Nunez
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
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October 14, 2021 - Cybersecurity & Data Privacy
DOJ Cyber-Fraud Initiative Highlights Potential Civil Liability for Failing to Meet Federal Cybersecurity Requirements
By: Tina D. Reynolds
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
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October 06, 2021 - Protests & Litigation
September 2021 Bid Protest Roundup
By: Alissandra Young McCann
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
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October 05, 2021 - Protests & Litigation
Where Can You Protest an Other Transaction Award? Insights from Kinemetrics
By: Locke Bell and Krista A. Nunez
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
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October 01, 2021 - Coronavirus
Overview of Prior Guidance for PPP Loans
By: Tina D. Reynolds and Damien C. Specht
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
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September 27, 2021 - Labor & Employment, Coronavirus
What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors
By: Andrew R. Turnbull
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
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Welcome to the Government Contracts Insights Blog

Subcontractor Data Rights Challenges: A Need For Clarity

By: W. Jay DeVecchio and Locke Bell

Untangling the Vaccine Mandate – Updates and Answers to Frequently Asked Questions

By: J. Alex Ward, Andrew R. Turnbull, James A. Tucker and Krista A. Nunez

OCTOBER 2021 BID PROTEST ROUNDUP

By: Lyle F. Hedgecock

Federal Court Temporarily Halts OSHA ETS—EO 14042’s New January 4, 2022 Vaccine Deadline Remains

By: Andrew R. Turnbull, Monica A. Rodriguez, Jinny S. Hwang and Krista A. Nunez

New Task Force Guidance Signals Some Flexibility for Contractors

By: Andrew R. Turnbull, J. Alex Ward and Krista A. Nunez

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

By: Tina D. Reynolds

September 2021 Bid Protest Roundup

By: Alissandra Young McCann

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

By: Locke Bell and Krista A. Nunez

Overview of Prior Guidance for PPP Loans

By: Tina D. Reynolds and Damien C. Specht

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

By: Andrew R. Turnbull