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 14, 2024 - Small Business
Summertime Sadness for Mentor Protégé Joint Ventures
By: Alissandra Young McCann and Damien C. Specht
This summer has seen two notable updates that parties to mentor-protégé joint ventures (MPJVs) should be aware of. First , buried in a Notice that the U.S. Small Business Administration (SBA) issued on July 22, 2024, is a request for comments regarding updates that involve
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August 12, 2024 - Cybersecurity & Data Privacy
FedRAMP to the Future
By: Tina D. Reynolds and Sandeep N. Nandivada
The Federal Risk and Authorization Management Program (FedRAMP), the program for authorization of cloud services for sale to the federal government that has been around since 2011, is getting an upgrade. On July 25, 2024, the Office of Management and Budget (OMB) issued a
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August 12, 2024 - Protests & Litigation
Bid Protest Spotlight: Misplaced Information, Conclusory Tradeoffs, and Inexperienced Protégés
By: James A. Tucker
This month’s bid protest roundup summarizes three protest decisions released in July. The first discusses an agency’s ability to ignore information that an offeror does not place in the correct part of its proposal. The second addresses an agency’s duty to document why a proposal’s technical
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July 25, 2024 - Protests & Litigation
June 2024 Bid Protest Roundup
By: Caitlin A. Crujido
This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an agency’s investigation into a potential Procurement Integrity Act violation; and the third
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July 18, 2024 - Protests & Litigation, Compliance
Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction
By: Locke Bell
A recent decision, Independent Rough Terrain Center, LLC v. United States (“ IRTC ”), [1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of other transaction (“OTs”) for Department of Defense prototype projects. The
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July 15, 2024 - Federal Procurement
Procurement Integrity Act
By: Sandeep N. Nandivada
The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits knowingly disclosing, or knowingly obtaining, source selection information or contractor bid or proposal
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July 10, 2024 - Compliance, False Claims Act
The End of Chevron Deference: What It Means for False Claims Act Litigation
By: J. Alex Ward and Victoria Dalcourt Angle
Under the Supreme Court’s decision in Chevron USA Inc. v. Natural Resources Defense Council, Inc. , 467 U.S. 837 (1984), for decades courts have sometimes been required “to defer to ‘permissible’ agency interpretations of [ambiguities in] statutes those agencies administer—even when a reviewing court
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July 03, 2024 - Compliance
The End of Chevron Deference: What It Means for Government Contractors
By: Sandeep N. Nandivada
On June 28, 2024, the Supreme Court of the United States overruled a cornerstone of contemporary administrative law when it determined, in a 6-3 ruling, that the Supreme Court’s decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. , 467 U.S. 837
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June 27, 2024 - Small Business, Mergers & Acquisitions
OHA Rules Company Remains Eligible for Award of Small Business Set-Aside Schedule Orders Even After Acquisition by a Large Business
By: James A. Tucker and Damien C. Specht
The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from continuing to bid on set-aside orders under its General Services Administration
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June 25, 2024 - Protests & Litigation
Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency
By: Nicole E. Giles
The first decision, Kearney & Co. v. U.S. , explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services Administration federal supply schedule contracts.[1] The second details GAO
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Welcome to the Government Contracts Insights Blog

Summertime Sadness for Mentor Protégé Joint Ventures

By: Alissandra Young McCann and Damien C. Specht

FedRAMP to the Future

By: Tina D. Reynolds and Sandeep N. Nandivada

Bid Protest Spotlight: Misplaced Information, Conclusory Tradeoffs, and Inexperienced Protégés

By: James A. Tucker

June 2024 Bid Protest Roundup

By: Caitlin A. Crujido

Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

By: Locke Bell

Procurement Integrity Act

By: Sandeep N. Nandivada

The End of Chevron Deference: What It Means for False Claims Act Litigation

By: J. Alex Ward and Victoria Dalcourt Angle

The End of Chevron Deference: What It Means for Government Contractors

By: Sandeep N. Nandivada

OHA Rules Company Remains Eligible for Award of Small Business Set-Aside Schedule Orders Even After Acquisition by a Large Business

By: James A. Tucker and Damien C. Specht

Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency

By: Nicole E. Giles