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.

August 07, 2017 - Protests & Litigation
GAO Protective Orders (Post-Award Protest Primer #5)
By: James A. Tucker
Post-award protests generally involve arguments about confidential, source-selection sensitive information – proprietary bid and proposal material, past performance data, cost and pricing information, nonpublic agency estimates, and the judgments of agency evaluators and source selection personnel. Neither the government nor the competitors want that
... ›
July 20, 2017 - Protests & Litigation
Bid Protest Remedies (Post-Award Protest Primer #4)
By: James A. Tucker
We’ve discussed debriefings and the timelines and timeliness rules that apply to post-award protests. Today we’ll discuss remedies. If you file a protest to challenge a contract award and you win the protest, that means you win the contract, right? Well, certainly not immediately.
... ›
July 13, 2017 - Protests & Litigation
Timeliness and Timelines (Post-Award Protest Primer #3)
By: James A. Tucker
Now that we’ve discussed the award letter and debriefings , we’ll move on to next steps: timeliness of initial protest filings and the protest timeline. In the context of all post-award debriefings, there are two timeliness considerations: First, meeting the GAO’s timeliness requirements and, second, whether
... ›
July 06, 2017 - Protests & Litigation
Debriefings (Post-Award Protest Primer #2)
By: James A. Tucker
You just received an email: “We appreciate your interest in the XYZ procurement. The Agency determined that your proposal did not represent the best value to the Government. Award has been made to Acme Corp. at a price of $50,000,000.” After kicking your trashcan
... ›
June 27, 2017 - Protests & Litigation
An Introduction to Bid Protests (Post-Award Protest Primer #1)
By: James A. Tucker
Welcome to the first in a new series of articles on post-award bid protests! A lot of misunderstandings and misinformation surround the bid protest, and traps abound for the wary and unwary alike. To dispel some of this confusion and explore some of the
... ›
April 10, 2017 - Protests & Litigation, Resources
Anatomy of a Protest at the U.S. Court of Federal Claims
The next in our Infographics series shows the anatomy of a Protest at the U.S. Court of Federal Claims. Although protests at the Court are not subject to the same timeline as at the GAO, this infographic provides a step-by-step timeline of a typical COFC
... ›
March 27, 2017 - Compliance, Resources
Allowability of Legal Costs
The next in our Infographics series walks through the allowability of costs for certain in-house legal services. It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government.
... ›
February 16, 2017 - Resources, Cybersecurity & Data Privacy
The Bayh-Dole Act
The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government. This infographic provides an overview of the Bayh-Dole Act, the steps that must be followed for contractors/grantees to retain ownership of title to IP,
... ›
January 18, 2017 - Federal Procurement
OFPP Finds What Contractors Have Known: Effective Debriefings Will Lead To Better Proposals And Fewer Protests
On January 5, 2017, the Office of Federal Procurement Policy (“OFPP”) released the third memorandum in its “Myth-busting” series. The third memo found that effective debriefings help to prevent protests and that there is clear room for improvement in the ways in which agencies
... ›
November 07, 2016 - Protests & Litigation, Resources
Timeline of a Contract Disputes Act Claim
The next in our “Timeline” series of infographics focuses on the Contract Disputes Act, 41 U.S.C. §§ 7101, et seq. (“CDA”). It provides a graphical overview of a CDA claim from start to finish.
... ›