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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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 federal agencies
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September 22, 2021 - Small Business
SBA Issues Final Rule on Appeals Process for PPP Loan Review Decisions
By: Damien C. Specht, Alissandra Young McCann and Markus Gerhard Speidel
The Small Business Administration (SBA) issued a final rule on Borrower Appeals of Final SBA Loan Review Decisions Under the Paycheck Protection Program on Thursday, September 16, 2021, that updates its interim final rule from August 27, 2020, and clarifies open issues. As we discussed
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September 17, 2021 - Coronavirus
New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities
By: Andrew R. Turnbull
On September 17, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued updated guidance (the “Guidance”) to federal agencies about COVID-19 safety protocols for employees of federal contractors and federal employees. While the Guidance is mostly targeted at COVID-19 vaccine and testing requirements for
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September 10, 2021 - Coronavirus
President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees
By: Andrew R. Turnbull
On September 9, 2021, President Biden issued a six-pronged Path Out of the Pandemic (the “Plan”) and Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”) that will require certain federal contractors and businesses with 100 or more employees to have
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September 09, 2021 - Protests & Litigation
Waivers of Minor Informalities, Meaningful Discussions, and a “Dreary Wreck” of a Procurement (August 2021 Bid Protest Roundup)
By: James A. Tucker
In this month’s Law360 Bid Protest Roundup , we consider three decisions released in August 2021. In the first case, the Government Accountability Office (GAO) considered and rejected a protester’s argument that an agency was required to waive or allow the offeror to correct a
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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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Welcome to the Government Contracts Insights Blog

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

SBA Issues Final Rule on Appeals Process for PPP Loan Review Decisions

By: Damien C. Specht, Alissandra Young McCann and Markus Gerhard Speidel

New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities

By: Andrew R. Turnbull

President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees

By: Andrew R. Turnbull

Waivers of Minor Informalities, Meaningful Discussions, and a “Dreary Wreck” of a Procurement (August 2021 Bid Protest Roundup)

By: James A. Tucker

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)