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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August 11, 2021 - Protests & Litigation
JULY 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)
This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to contract interpretation, price realism analyses and post hoc extensions of proposal
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July 23, 2021 - Cybersecurity & Data Privacy, National Security
U.S. Congress Introduces Bill that Would Require Mandatory 24 Hour Cyber Breach Notification for Government Agencies, Contractors, and Operators of Critical Infrastructure
By: Tina D. Reynolds
This week, U.S. Senator Mark Warner (D-VA), chair of the Senate Intelligence Committee, and a broad group of bipartisan co-sponsors, introduced legislation that would require government agencies, contractors, and operators of critical infrastructure to report cyber incidents to the U.S. Cybersecurity and Infrastructure Security
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July 13, 2021 - Protests & Litigation
JUNE 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)
By: Lyle F. Hedgecock
This month’s Law360 Bid Protest Roundup starts on a promising note as courts begin opening their doors after months of restricted access due to the COVID-19 pandemic. This Roundup covers decisions addressing the Blue and Gold Fleet rule, recovery of protest costs at the
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June 08, 2021 - Protests & Litigation
May 2021 Bid Protest Roundup (Law360 Spotlight)
By: Caitlin A. Crujido
This month’s Bid Protest Roundup ( featured on Law360 ) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC [1], highlights the importance of submitting a sufficiently clear proposal; the second, M
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June 01, 2021 - Cybersecurity & Data Privacy
Executive Order on Cybersecurity Expands Mandatory Breach Notification and Supply Chain Security Requirements for Government Contractors
By: Tina D. Reynolds and Sandeep N. Nandivada
On May 12, 2021, the Biden administration issued an ambitious Executive Order on Improving the Nation’s Cybersecurity (EO) declaring the prevention, detection, assessment, and remediation of cyber incidents to be a “top priority and essential to national and economic security.” Over 8,000 words long,
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May 28, 2021 - Protests & Litigation
Morrison & Foerster Government Contracts Attorneys Recognized in Chambers USA 2021 Rankings
By: Kevin P. Mullen, J. Alex Ward, Tina D. Reynolds, Damien C. Specht, Charles L. Capito, David A. Churchill and W. Jay DeVecchio
Chambers USA again recognizes Morrison & Foerster as one of only four Band I government contracts practices in the country and highlights multiple attorneys for particular excellence in the field. Read what clients are saying about us in this year’s publication:
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May 21, 2021 - Defense, National Security
DOD Proposes Enhanced Debriefing Regulations
By: James A. Tucker
Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented part of those requirements in 2018 in Class Deviation 2018-O0011 , which required DOD
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May 20, 2021 - International Public Procurement
Post-Brexit UK Public Procurement Reform
By: Alistair Maughan
The Procurement Bill announced in the Queen’s Speech at the opening of Parliament in May 2021 was one of 30 new bills on the UK government’s legislative agenda for the coming year. The main aim of the Procurement Bill is to reform the government
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May 18, 2021 - Cybersecurity & Data Privacy
Data Rights: Current Developments & Pending DOD Changes
By: W. Jay DeVecchio
Jay DeVecchio recently published a Briefing Paper for Thomson Reuters covering recent developments in the Department of Defense’s (DOD) Defense Federal Acquisition Regulation Supplement (DFARS) data rights provisions. Dissecting the DOD’s recent actions and attitudes, this article contextualizes the upcoming DOD proposal as it
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May 07, 2021 - Protests & Litigation
APRIL 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)
By: Sandeep N. Nandivada and Markus Gerhard Speidel
This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration (GSA) schedule contract; (2) whether an agency improperly used an unstated evaluation criterion; and
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