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.

Read about our Authors.

Never miss a post. Subscribe to get real-time updates.

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
... ›
June 06, 2024 - Protests & Litigation, Compliance
Has the GAO Opened the Door to Certain Other Transaction (OT) Bid Protests?
By: Locke Bell
Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the Competition in Contracting Act (CICA), Federal Acquisition Regulation (FAR),
... ›
May 16, 2024 - National Security
Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology
By: Tina D. Reynolds
Earlier this month, the Federal Acquisition Regulatory Council (FAR Council) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for Fiscal Year 2023 designed to impose new restrictions on the sale and
... ›
May 06, 2024 - Defense
A Sigh of Relief: DoD Issues Class Deviation for DFARS 252.204-7012
By: Sandeep N. Nandivada and Tina D. Reynolds
On May 2, 2024, the U.S. Department of Defense (DoD) issued an important class deviation that provides necessary relief for contractors endeavoring to comply with ever-changing cybersecurity requirements. The deviation applies to Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7012, Safeguarding Covered Defense Information and Cyber
... ›
April 24, 2024 - Acquisition Regulations
Airing of Grievances: FAR Council Invites Novation Comments
By: Damien C. Specht, James A. Tucker, Nicole E. Giles and Liam M. Bowers
Is it finally time to fix the outdated, incomplete, and often misunderstood novation regulations? Maybe. On April 5, 2024, the FAR Council released a Notice and Request for Comments requesting comments from federal contractors related to novation and change-of-name agreements under FAR 42.12. In particular, the FAR
... ›
April 22, 2024 - Protests & Litigation
Bid Protest Spotlight: Unwitting Disclosure, Agency Deference
By: Roke Iko
This month’s Bid Protest Roundup highlights two Procurement Integrity Act (PIA) decisions from the U.S. Court of Federal Claims and one solicitation interpretation decision from the U.S. Government Accountability Office (GAO). Associated Energy Group v. U.S. In Associated Energy Group , the Court of
... ›
April 09, 2024 - Acquisition Regulations, Defense, Domestic Preferences
DFARS Realigns with FAR Buy American Requirements
By: Markus Gerhard Speidel
For the second time in as many years, the Department of Defense (DOD) has issued a final rule that brings its Buy American Act (BAA) requirements into alignment with the Federal Acquisition Regulation (FAR). The final rule amends the Defense FAR Supplement (DFARS) Part 225
... ›
April 01, 2024 - Protests & Litigation
March 2024 Bid Protest Roundup: “Each Procurement Stands on Its Own”; Responsibility Determinations; Trade Agreement Act Compliance
By: James A. Tucker
In our bid protest roundup for March, we consider three recent decisions of the Government Accountability Office (GAO). The first explains why similar proposals for similar requirements under similar evaluation criteria may legitimately receive very different ratings from one procurement to the next. The
... ›
March 28, 2024 - Data Rights
DOD’s Proposed Data Rights Regulations For MOSA Undercut Its Pursuit Of Commercial Innovation
By: Locke Bell
On November 17, 2023, the Department of Defense published its long-awaited proposed revisions to the Defense Federal Acquisition Regulation Supplement data rights regulations to implement a Modular Open Systems Approach (MOSA). 88 Fed. Reg. 80258. In this article, we focus on one aspect of
... ›
March 07, 2024 - Protests & Litigation
Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
By: Markus Gerhard Speidel
This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting , highlights the risk of severing a teaming partner after quote submission. The second, Kauffman and Associates, Inc. , illustrates how a latent ambiguity in the
... ›

Welcome to the Government Contracts Insights Blog

Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency

By: Nicole E. Giles

Has the GAO Opened the Door to Certain Other Transaction (OT) Bid Protests?

By: Locke Bell

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

By: Tina D. Reynolds

A Sigh of Relief: DoD Issues Class Deviation for DFARS 252.204-7012

By: Sandeep N. Nandivada and Tina D. Reynolds

Airing of Grievances: FAR Council Invites Novation Comments

By: Damien C. Specht, James A. Tucker, Nicole E. Giles and Liam M. Bowers

Bid Protest Spotlight: Unwitting Disclosure, Agency Deference

By: Roke Iko

DFARS Realigns with FAR Buy American Requirements

By: Markus Gerhard Speidel

March 2024 Bid Protest Roundup: “Each Procurement Stands on Its Own”; Responsibility Determinations; Trade Agreement Act Compliance

By: James A. Tucker

DOD’s Proposed Data Rights Regulations For MOSA Undercut Its Pursuit Of Commercial Innovation

By: Locke Bell

Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism

By: Markus Gerhard Speidel