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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July 11, 2022 - Protests & Litigation
June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo
By: Krista A. Nunez
This month’s 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 (“Court”). These decisions involve (1) the consequences of failing to scrutinize the terms of an indefinite-delivery indefinite-quantity
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June 27, 2022 - False Claims Act
Supreme Court to Consider Whether the Government Can Dismiss a False Claims Act Suit if It Opted Not to Intervene at the Outset
By: J. Alex Ward and Victoria Dalcourt Angle
The U.S. Supreme Court has agreed to consider whether the Government can dismiss a False Claims Act (“FCA”) lawsuit pursuant to 31 U.S.C. § 3730(c)(2)(A) over the Relator’s objections after initially choosing not to intervene in the case and, if so, what standard applies.
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June 15, 2022 - Announcements & Press
Morrison Foerster Government Contracts Attorneys Recognized in Chambers USA 2022 Rankings
By: Kevin P. Mullen, Tina D. Reynolds, J. Alex Ward and David A. Churchill
Chambers USA 2022 has recognized Morrison Foerster’s Government Contracts and Public Procurement Practice and attorneys for their outstanding work. Our practice group was again one of only five groups in the country to be ranked as Band One Elite for government contracts. Read what clients are
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June 13, 2022 - Federal Procurement
DoD Calls for Continued Flexibility in Contract Place of Performance
By: Markus Gerhard Speidel
In a win for remote contractors, the U.S. Department of Defense (DoD) expressed its continued preference for remote work under its contracts. In a memorandum issued earlier this month, the Office of the Under Secretary of Defense (OUSD) asked contracting officers (COs) not to
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June 09, 2022 - Protests & Litigation
May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling
By: Alissandra Young McCann
This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different helpful reminder for contractors. The Court of Federal Claims decision is a reminder
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June 08, 2022 - Labor & Employment, Small Business
SBA Finalizes Changes in How to Calculate Size for Various Programs
By: Damien C. Specht, James A. Tucker and Alissandra Young McCann
Earlier this week, the U.S. Small Business Administration (SBA) issued a Final Rule adopting changes to how a concern calculates its number of employees for eligibility purposes in all of SBA’s programs, as well as how a concern calculates average annual receipts for SBA’s
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June 08, 2022 - False Claims Act
Five Million Reasons for Government Contracts Lawyers to Assist with the Acquisition of Companies That Perform Government Contracts
By: James A. Tucker, Damien C. Specht and Alissandra Young McCann
Due diligence is an important preliminary step before one company acquires another or an investor puts millions behind an existing firm. When a target company performs government contracts or subcontracts, it is critical that experienced government contracts attorneys be part of the due diligence
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May 31, 2022 - Federal Procurement
Sekri, Inc. V. United States: Are Pre-proposal-submission Email Exchanges Now Enough to Avoid Blue & Gold Waiver?
By: James A. Tucker
In the seminal decision Blue & Gold Fleet, L.P. v. United States , the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a patent error and
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May 16, 2022 - Federal Procurement
April 2022 Bid Protest Spotlight: Late-Is-Late, Party Interest, Timeliness
By: Caitlin A. Crujido
This month’s Bid Protest Roundup examines three recent decisions by the U.S. Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). The first two protests involve late proposal submissions both at the GAO and at the COFC, and the third involves establishing interested
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April 29, 2022 - False Claims Act
Aerojet Settles False Claims Act Case Alleging That the Company Misrepresented Its Compliance with Cybersecurity Requirements
By: J. Alex Ward, Tina D. Reynolds and Victoria Dalcourt Angle
Aerojet and the qui tam relator have entered into a 13th hour settlement—after a jury was seated and the trial was underway—to resolve the much-watched United States ex rel. Brian Markus v. Aerojet Rocketdyne, Inc. False Claims Act (“FCA”) case. The parties—including the Department
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Welcome to the Government Contracts Insights Blog

June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo

By: Krista A. Nunez

Supreme Court to Consider Whether the Government Can Dismiss a False Claims Act Suit if It Opted Not to Intervene at the Outset

By: J. Alex Ward and Victoria Dalcourt Angle

Morrison Foerster Government Contracts Attorneys Recognized in Chambers USA 2022 Rankings

By: Kevin P. Mullen, Tina D. Reynolds, J. Alex Ward and David A. Churchill

DoD Calls for Continued Flexibility in Contract Place of Performance

By: Markus Gerhard Speidel

May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling

By: Alissandra Young McCann

SBA Finalizes Changes in How to Calculate Size for Various Programs

By: Damien C. Specht, James A. Tucker and Alissandra Young McCann

Five Million Reasons for Government Contracts Lawyers to Assist with the Acquisition of Companies That Perform Government Contracts

By: James A. Tucker, Damien C. Specht and Alissandra Young McCann

Sekri, Inc. V. United States: Are Pre-proposal-submission Email Exchanges Now Enough to Avoid Blue & Gold Waiver?

By: James A. Tucker

April 2022 Bid Protest Spotlight: Late-Is-Late, Party Interest, Timeliness

By: Caitlin A. Crujido

Aerojet Settles False Claims Act Case Alleging That the Company Misrepresented Its Compliance with Cybersecurity Requirements

By: J. Alex Ward, Tina D. Reynolds and Victoria Dalcourt Angle