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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March 23, 2018 - Protests & Litigation
Bait-And-Switch And Unavailable Key Personnel (Post-Award Protest Primer #14)
By: James A. Tucker
The bait-and-switch in the salesman’s world involves enticing a prospective customer with an unbelievably good deal, only to switch it at the last moment with a bargain that is considerably less attractive to the buyer, and far more profitable for the seller. A version
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March 12, 2018 - Data Rights, Intellectual Property
Final GSA Rule on Commercial License Terms that Conflict with Federal Law
By: Locke Bell
Anyone who has endeavored to sell commercial software to the Federal government well knows there are devils hiding in the details of most commercial license agreements. The trick is knowing how to spot them – or, more precisely, agreeing which present legitimate conflict. To assist industry
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March 07, 2018 - Small Business
SBA OHA Affirms Long-Standing Interpretation of Recertification Regulations
By: Damien C. Specht and Victoria Dalcourt Angle
In a recent decision, the U.S. Small Business Administration’s (“SBA”) Office of Hearing and Appeals (“OHA”) affirmed the widely-understood interpretation of the SBA regulations that a Service-Disabled Veteran-Owned Small Business Concern (“SDVO SBC”) retains its SDVO SBC status for the life of multiple award
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February 21, 2018 - Acquisition Regulations, Compliance
Acquisition Disruption – Innovative Concepts in Government Contracting
By: Tina D. Reynolds and Victoria Dalcourt Angle
Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation. Today more than ever, however, the federal government is making use of cutting edge procedures and methods to attract commercial companies to government
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January 31, 2018 - Federal Procurement, Protests & Litigation
Rare Federal Circuit Protest Decision Affirms Agency Discretion in Sole Source Context
By: J. Alex Ward
Last week, the Federal Circuit issued a rare opinion on a bid protest in Agustawestland North America, Inc. v. United States. Bid protest decisions by the Court of Federal Claims are seldom appealed by protesters because the ability to get a meaningful remedy quickly
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January 29, 2018 - False Claims Act
DOJ Takes On Meritless Qui Tam Actions
By: J. Alex Ward and Sandeep N. Nandivada
A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to risk their reputations to fight False Claims Act (FCA)
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January 17, 2018 - Federal Procurement
Snowmen In August: Strict Compliance And Government Waiver of Contract Requirements
By: James A. Tucker
The Government “can engage a contractor to make snowmen in August, if [it spells] it out clearly [in a contract].” Rixon Electronics, Inc. v. United States , 536 F.2d 1345, 1351 (Ct. Cl. 1976). And the contractor generally must make the snowman as the
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January 11, 2018 - Federal Procurement, Protests & Litigation, Defense
DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report
By: James A. Tucker
The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out. The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017 to analyze a variety of issues relating to protests of DOD acquisitions. The
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January 04, 2018 - Protests & Litigation
Organizational Conflicts of Interest (Post-Award Protest Primer #13)
By: James A. Tucker
Today we’ll consider Organizational Conflicts of Interest (OCIs) as a ground of protest. The Federal Acquisition Regulation (FAR) defines an OCI as a situation where “because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance
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December 11, 2017 - Small Business
Court of Federal Claims Rejects SBA Decision That Future Conditional Restriction on Stock Ownership Destroys “unconditional Ownership”
By: Damien C. Specht and Locke Bell
Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business qualified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) by VA standards, but not at the SBA
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