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 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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August 08, 2023 - Protests & Litigation
July 2023 Bid Protest Roundup: Personnel Loss, Conflicts, Timeliness
By: Locke Bell
This month’s bid protest roundup highlights two decisions from the U.S. Court of Federal Claims (“Court”), one addressing an offeror’s loss of key personnel and a second addressing organizational conflicts of interest (“OCIs”) arising out of an offeror’s reliance on former government employees in
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August 04, 2023 - Intellectual Property, Federal Procurement
Biden Executive Order Has Potential to Discourage U.S. Company Participation in Federal Research
By: Tina D. Reynolds
A new Biden administration Executive Order proposes to enforce more rigorously U.S. manufacturing requirements attendant to federally funded inventions. While the aim of the Executive Order is to support domestic manufacturing and jobs, the policy could have the unintended effect of discouraging U.S. company
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August 01, 2023 - Small Business
SBA Finalizes Rule to Modernize the SBIC Program
By: Damien C. Specht, Alissandra Young McCann and Markus Gerhard Speidel
The U.S. Small Business Administration (SBA) finalized a rule to modernize the Small Business Investment Company (SBIC) Program on July 17, 2023. Part of President Biden’s Investing in America agenda, the new SBIC Investment Diversification and Growth (IDG) rule seeks to “unlock unrealized potential and
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Welcome to the Government Contracts Insights Blog

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

July 2023 Bid Protest Roundup: Personnel Loss, Conflicts, Timeliness

By: Locke Bell

Biden Executive Order Has Potential to Discourage U.S. Company Participation in Federal Research

By: Tina D. Reynolds

SBA Finalizes Rule to Modernize the SBIC Program

By: Damien C. Specht, Alissandra Young McCann and Markus Gerhard Speidel