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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February 04, 2022 - Coronavirus
Another Ticking Clock: Additional District Court Preliminarily Enjoins EO 14042 | Increasing Need for OMB Update on GA Court Clarification Order
By: J. Alex Ward, Joseph R. Palmore, Andrew R. Turnbull and Krista A. Nunez
On January 27, 2022, the U.S. District Court for the District of Arizona joined the growing list of courts that have preliminarily enjoined Executive Order 14042 (which imposes COVID safety protocols on government contractors, including a vaccine mandate) based on an initial determination that
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February 03, 2022 - Federal Procurement, Schedule Contracting
Five Peculiarities of Protests of Federal Supply Schedule Orders
By: James A. Tucker
The General Services Administration’s Federal Supply Schedule contracts are an efficient method for agencies across the Government to meet their needs for many commercially available supplies and services. For requirements above a certain value, agencies ordinarily hold competitions among Schedule contract holders for issuance of
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January 26, 2022 - Coronavirus
Patchwork Preliminary Injunctions: Interpreting Contractor Compliance Obligations under EO 14042
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
As a result of the U.S. District Court for the Southern District of Georgia’s latest order, which confirms the nationwide preliminary injunction of Executive Order 14042 (“EO” or “EO 14042”) applies only to the “vaccine mandate,” federal contractors must solve yet another puzzle. That
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January 24, 2022 - Coronavirus
Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On Friday afternoon, the U.S. District Court for the Southern District of Georgia, which had earlier issued a nationwide preliminary injunction of Executive Order 14042, made clear that the injunction applies only to the vaccine mandate and not to other COVID-related requirements. (We previously reported on
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January 21, 2022 - Protests & Litigation, Coronavirus
Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts to Determine Which Arguments Succeed or Fail
By: J. Alex Ward and Krista A. Nunez
The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in which it blocked the Occupational Safety
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January 11, 2022 - Protests & Litigation
Top Cybersecurity Considerations for Government Contractors in 2022
By: Tina D. Reynolds and Alex Iftimie
The cybersecurity posture of government contractors was an area of intense focus and ongoing regulatory development for the federal government in 2021. The coming year will also include many anticipated cybersecurity-related changes and developments. To learn more, read our client alert.
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January 10, 2022 - Protests & Litigation
December 2021 Bid Protest Roundup
By: Roke Iko
This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in the proposal process, (2) the requirements for an agency’s brand-name justification, and
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December 27, 2021 - Protests & Litigation
A MoForward Warning Comes True: No Poach Enforcement Hits the Defense Industry
By: W. Jay DeVecchio and Lisa M. Phelan
At our annual MoForward event in October 2021, Lisa Phelan offered practical advice about avoiding U.S. Department of Justice (DOJ) criminal antitrust enforcement of “no poach” agreements, predicting the defense industry would soon become a target. Regrettably, Lisa’s prediction has come true. To learn
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December 14, 2021 - Protests & Litigation
Harmonia Holdings: Denied Pre-Award Protest Rises from the Dead Five Months Later as a Post-award Protest
By: James A. Tucker
The U.S. Court of Appeals for the Federal Circuit has issued its long-awaited decision in Harmonia Holdings Group, LLC v. United States , vacating a bid protest decision the U.S. Court of Federal Claims rendered nearly two years ago. The new decision is an important
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December 10, 2021 - Protests & Litigation
November 2021 Bid Protest Roundup
By: Krista A. Nunez
This month’s Law360 Bid Protest Roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC). These decisions involve (1) the consequences of key personnel unavailability that occurs during corrective action
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Welcome to the Government Contracts Insights Blog

Another Ticking Clock: Additional District Court Preliminarily Enjoins EO 14042 | Increasing Need for OMB Update on GA Court Clarification Order

By: J. Alex Ward, Joseph R. Palmore, Andrew R. Turnbull and Krista A. Nunez

Five Peculiarities of Protests of Federal Supply Schedule Orders

By: James A. Tucker

Patchwork Preliminary Injunctions: Interpreting Contractor Compliance Obligations under EO 14042

By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez

Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only

By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts to Determine Which Arguments Succeed or Fail

By: J. Alex Ward and Krista A. Nunez

Top Cybersecurity Considerations for Government Contractors in 2022

By: Tina D. Reynolds and Alex Iftimie

December 2021 Bid Protest Roundup

By: Roke Iko

A MoForward Warning Comes True: No Poach Enforcement Hits the Defense Industry

By: W. Jay DeVecchio and Lisa M. Phelan

Harmonia Holdings: Denied Pre-Award Protest Rises from the Dead Five Months Later as a Post-award Protest

By: James A. Tucker

November 2021 Bid Protest Roundup

By: Krista A. Nunez