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 09, 2022 - Protests & Litigation
October 2022 Bid Protest Roundup: 'Late-Is-Late' Rule, Compensation Plans
By: Roke Iko
This month’s Bid Protest Roundup focuses on one recent Court of Federal Claims decision and two Government Accountability Office (GAO) decisions. These decisions involve (1) interpretations of the “late-is-late” rule, (2) past performance evaluation requirement under FAR 16.505, and (3) required evaluation of proposed
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November 07, 2022 - Protests & Litigation
Deciphering the GAO’s Bid Protest Statistics for FY 2022
By: James A. Tucker
Each year around this time, the U.S. Government Accountability Office (GAO) publishes its annual report to Congress on bid protests. Earlier this week, the GAO published the report for Fiscal Year (FY) 2022. The following are the updated statistics at a glance, in the
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October 28, 2022 - Health Care
U.S. Government Launches Billion-Dollar Biomedical Agency
By: Tina D. Reynolds
New Agency Sets Ambitious Goals to Transform Biomedicine and Health As part of the Biden Administration’s ongoing efforts to spur innovation and research, it has championed the creation of a new sub-agency within the Department of Health and Human Services, the Advanced Research Projects
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October 26, 2022 - Coronavirus
EO 14042: OMB Guidance Keeps Enforcement on Hold “At This Time”
By: J. Alex Ward, Roke Iko and Thomas Lee
On October 19, 2022, the U.S. Office of Management and Budget (OMB) published its first set of interim guidance for agencies regarding the Federal Government’s enforcement of Executive Order 14042 (“EO 14042”). In addition to reaffirming the Federal Government’s decision not to enforce any contract
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October 17, 2022 - Coronavirus
Executive Order 14042: Return of the Patchwork Preliminary Injunctions
By: J. Alex Ward and Joseph R. Palmore
On October 14, 2022, the Safer Federal Workforce Task Force (“Task Force”) published yet another update for Federal contractors regarding the Federal Government’s approach to enforcing Executive Order 14042 (“EO 14042”) in light of the “potential narrowing of the existing nationwide injunction on October 18, 2022,”
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October 13, 2022 - Protests & Litigation
September 2022 Bid Protest Roundup: Challenges to Corrective Action; Discarded Proposals, and Best Value Determinations
This month’s Bid Protest Roundup covers three recent U.S. Government Accountability Office (GAO) decisions: a challenge to an agency’s decision to take corrective action, a protest that an agency unfairly ignored a proposal after an offeror disregarded revised instructions, and a successful protest of
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September 30, 2022 - Small Business
Congress Passes Bill to Reauthorize SBIR/STTR Programs
By: Damien C. Specht, Tina D. Reynolds, James A. Tucker and Locke Bell
As most experts expected, Congress has passed the bill to reauthorize the SBIR and STTR programs until September 30, 2025. The bill is now headed for the White House, where the President is expected to sign it into law. The reauthorized SBIR and STTR programs
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September 20, 2022 - Cybersecurity & Data Privacy
Companies Selling Software to the U.S. Government Soon Must Attest to Compliance with NIST Guidance on Software Supply Chain Security
By: Tina D. Reynolds and Markus Gerhard Speidel
Software companies that sell commercial software products to federal agencies soon must begin attesting to their compliance with guidance designed to enhance the security of the software supply chain. Under a new White House Office of Management and Budget (OMB) memorandum issued September 14,
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September 20, 2022 - Coronavirus
Nationwide Preliminary Injunction of Contractor Vaccine Mandate Remains Intact—For Now
By: Joseph R. Palmore and J. Alex Ward
Last Friday, the Federal Government filed a status report with the U.S. District Court for the Western District of Oklahoma, identifying both its position with respect to the litigation and whether the United States intends to take any further action to implement or enforce
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September 19, 2022 - Small Business
DOD Issues Guidance in Advance of Possible Failure to Reauthorize the SBIR/STTR Program
By: Damien C. Specht, James A. Tucker and Locke Bell
As of this posting, Congress has not yet reauthorized the popular Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Given the broad bipartisan support for these programs, most observers expect Congress to reauthorize the programs before they sunset on September
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Welcome to the Government Contracts Insights Blog

October 2022 Bid Protest Roundup: 'Late-Is-Late' Rule, Compensation Plans

By: Roke Iko

Deciphering the GAO’s Bid Protest Statistics for FY 2022

By: James A. Tucker

U.S. Government Launches Billion-Dollar Biomedical Agency

By: Tina D. Reynolds

EO 14042: OMB Guidance Keeps Enforcement on Hold “At This Time”

By: J. Alex Ward, Roke Iko and Thomas Lee

Executive Order 14042: Return of the Patchwork Preliminary Injunctions

By: J. Alex Ward and Joseph R. Palmore

September 2022 Bid Protest Roundup: Challenges to Corrective Action; Discarded Proposals, and Best Value Determinations

Congress Passes Bill to Reauthorize SBIR/STTR Programs

By: Damien C. Specht, Tina D. Reynolds, James A. Tucker and Locke Bell

Companies Selling Software to the U.S. Government Soon Must Attest to Compliance with NIST Guidance on Software Supply Chain Security

By: Tina D. Reynolds and Markus Gerhard Speidel

Nationwide Preliminary Injunction of Contractor Vaccine Mandate Remains Intact—For Now

By: Joseph R. Palmore and J. Alex Ward

DOD Issues Guidance in Advance of Possible Failure to Reauthorize the SBIR/STTR Program

By: Damien C. Specht, James A. Tucker and Locke Bell