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 19, 2023 - Protests & Litigation
Timeliness Traps: Adverse Action Before Receipt of a Written Agency-Level Protest Decision
By: James A. Tucker
In the right circumstances, an agency-level protest can be a quick and efficient way to address certain procurement errors, as we discussed a few years ago. One downside of agency‑level protests, however, is their potential for creating doubt or confusion about the deadline for
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October 13, 2023 - Small Business
SBA Updates Its Regulations on Lower-Tier Small Business Subcontracting Credit
By: James A. Tucker, Damien C. Specht and Alissandra Young McCann
The Small Business Administration (SBA) has issued a final rule amending its regulation on lower-tier small business subcontracting credit to account for statutory changes introduced in the National Defense Authorization Act for Fiscal Year 2020. Most Federal contracts performed in the United States require
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October 11, 2023 - Small Business
Definitive Guidance on Facility Security Clearances for Small Business Joint Ventures
By: James A. Tucker, Damien C. Specht and Charles L. Capito
The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or EEDs) work for joint ventures. As we have discussed before, the SBA regulations for a
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October 06, 2023 - Cybersecurity & Data Privacy, Federal Procurement
The FAR Council’s Proposed Cybersecurity Overhaul: Lots of Questions, but Only Some Answers
By: Tina D. Reynolds and Sandeep N. Nandivada
In what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)—issued two proposed rules on October 2, 2023. If implemented, the
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September 19, 2023 - Protests & Litigation
August 2023 Bid Protest Roundup: Former Government Employees; Buy American Act Waivers
By: James A. Tucker
This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might provide an unfair competitive advantage. The second decision considers the restrictions imposed
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September 12, 2023 - Coronavirus
Contracting In The Fog of War: Recovering Costs Related to COVID-19
By: J. Alex Ward and Victoria Dalcourt Angle
Like the COVID-19 virus, COVID-related contract claims have not gone away. In “ Contracting in the Fog of War: Recovering Costs Caused by an Epidemic ,” we reported on Pernix Serka Joint Venture v. Department of State , CBCA No. 5683, 20-1 BCA ¶
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September 06, 2023 - Small Business
Subcontracting to a Mentor-Protégé Joint Venture: Changes to How Small Business Subcontracting Goals Are Calculated
By: Damien C. Specht, James A. Tucker and Alissandra Young McCann
Recent changes to the U.S. Small Business Administration (SBA) regulations affect how large businesses can take small business credit for subcontracting to their own mentor-protégé joint ventures (MPJVs). SBA’s final rule directs that, when a large federal prime contractor issues subcontracts to its own MPJV,
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August 28, 2023 - Labor & Employment
Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment
By: Nicole E. Giles and Andrew R. Turnbull
In Innovative Technologies, Inc. , ASBCA No. 6186, 62185 , the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara Service Contract Act (“SCA”) FAR Clause 52.222-41 (the “SCA Clause”)
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August 22, 2023 - Federal Procurement, Schedule Contracting
GSA Issues Multiple Award Schedule Solicitation Refresh 16: What It Means for Joint Ventures, Good and Bad
By: Alissandra Young McCann, James A. Tucker and Damien C. Specht
On May 19, 2023, the General Services Administration (GSA) issued Multiple Award Schedule (MAS) solicitation refresh 16, which introduced a formal offer process for joint ventures. To provide guidance on navigating those changes, GSA also issued a list of Frequently Asked Questions (FAQ) for joint
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August 10, 2023 - Federal Procurement
Proposed Sustainable Procurement Rule Would Streamline Existing Environmental Regulations and Clarify FAR Part 23
By: Markus Gerhard Speidel
The Federal Acquisition Regulation (FAR) Council published on August 3, 2023, a proposed “Sustainable Procurement” rule that reorganizes FAR Part 23 for clarity, moves subparts unrelated to sustainability or material safety to FAR Part 26, and includes a proposed “Sustainable Products and Services” contract
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Welcome to the Government Contracts Insights Blog

Timeliness Traps: Adverse Action Before Receipt of a Written Agency-Level Protest Decision

By: James A. Tucker

SBA Updates Its Regulations on Lower-Tier Small Business Subcontracting Credit

By: James A. Tucker, Damien C. Specht and Alissandra Young McCann

Definitive Guidance on Facility Security Clearances for Small Business Joint Ventures

By: James A. Tucker, Damien C. Specht and Charles L. Capito

The FAR Council’s Proposed Cybersecurity Overhaul: Lots of Questions, but Only Some Answers

By: Tina D. Reynolds and Sandeep N. Nandivada

August 2023 Bid Protest Roundup: Former Government Employees; Buy American Act Waivers

By: James A. Tucker

Contracting In The Fog of War: Recovering Costs Related to COVID-19

By: J. Alex Ward and Victoria Dalcourt Angle

Subcontracting to a Mentor-Protégé Joint Venture: Changes to How Small Business Subcontracting Goals Are Calculated

By: Damien C. Specht, James A. Tucker and Alissandra Young McCann

Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment

By: Nicole E. Giles and Andrew R. Turnbull

GSA Issues Multiple Award Schedule Solicitation Refresh 16: What It Means for Joint Ventures, Good and Bad

By: Alissandra Young McCann, James A. Tucker and Damien C. Specht

Proposed Sustainable Procurement Rule Would Streamline Existing Environmental Regulations and Clarify FAR Part 23

By: Markus Gerhard Speidel