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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September 02, 2021 - Small Business
GAO Rules on Solicitation Requirements for Small Business Joint Venture Facility Security Clearances
By: Damien C. Specht and James A. Tucker
In an important new decision, InfoPoint LLC , B-419856, Aug. 27, 2021 , the Government Accountability Office (GAO) has sustained a protest against a Department of Defense (DOD) agency that insisted that small business joint venture offerors themselves were required satisfy a solicitation’s Facility
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August 17, 2021 - Small Business
FAR Councils Promulgate Final Rule Implementing SBA’s 2016 Revisions to the Limitations on Subcontracting Rule
By: James A. Tucker
After a five-year wait, small business subcontracting rules that the Small Business Administration (SBA) promulgated in 2016 will finally appear in the Federal Acquisition Regulation (FAR) and new solicitations. Chief among the changes is the welcome implementation in the FAR of an updated rule allowing
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August 13, 2021 - Protests & Litigation
Proposed Rule for Tightening Buy American Act Restrictions
By: James A. Tucker
We previously commented on one aspect of the Trump Administration’s America-First policies that the Biden Administration has embraced wholeheartedly: doubling down on domestic preferences in Federal procurements. Consistent with the previous and current administrations’ policies, the FAR Councils recently released a proposed rule to tighten the
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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)
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 and David A. Churchill
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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Welcome to the Government Contracts Insights Blog

GAO Rules on Solicitation Requirements for Small Business Joint Venture Facility Security Clearances

By: Damien C. Specht and James A. Tucker

FAR Councils Promulgate Final Rule Implementing SBA’s 2016 Revisions to the Limitations on Subcontracting Rule

By: James A. Tucker

Proposed Rule for Tightening Buy American Act Restrictions

By: James A. Tucker

JULY 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)

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

JUNE 2021 BID PROTEST ROUNDUP (LAW360 SPOTLIGHT)

May 2021 Bid Protest Roundup (Law360 Spotlight)

By: Caitlin A. Crujido

Executive Order on Cybersecurity Expands Mandatory Breach Notification and Supply Chain Security Requirements for Government Contractors

By: Tina D. Reynolds and Sandeep N. Nandivada

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 and David A. Churchill

DOD Proposes Enhanced Debriefing Regulations

By: James A. Tucker