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 26, 2022 - Coronavirus
EO 14042: OMB Guidance Keeps Enforcement on Hold “At This Time”
By: J. Alex Ward, Krista A. Nunez and Roke Iko
On October 19, 2022, the U.S. Office of Management and Budget (OMB) published its first set of interim guidance for agencies regarding the Federal Government’s enforcement of Executive Order 14042 (“EO 14042”). In addition to reaffirming the Federal Government’s decision not to enforce any contract
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October 17, 2022 - Coronavirus
Executive Order 14042: Return of the Patchwork Preliminary Injunctions
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On October 14, 2022, the Safer Federal Workforce Task Force (“Task Force”) published yet another update for Federal contractors regarding the Federal Government’s approach to enforcing Executive Order 14042 (“EO 14042”) in light of the “potential narrowing of the existing nationwide injunction on October
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October 13, 2022 - Protests & Litigation
September 2022 Bid Protest Roundup: Challenges to Corrective Action; Discarded Proposals, and Best Value Determinations
By: Lyle F. Hedgecock
This month’s Bid Protest Roundup covers three recent U.S. Government Accountability Office (GAO) decisions: a challenge to an agency’s decision to take corrective action, a protest that an agency unfairly ignored a proposal after an offeror disregarded revised instructions, and a successful protest of
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September 30, 2022 - Small Business
Congress Passes Bill to Reauthorize SBIR/STTR Programs
By: Damien C. Specht, Tina D. Reynolds, James A. Tucker and Locke Bell
As most experts expected, Congress has passed the bill to reauthorize the SBIR and STTR programs until September 30, 2025. The bill is now headed for the White House, where the President is expected to sign it into law. The reauthorized SBIR and STTR programs
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September 20, 2022 - Cybersecurity & Data Privacy
Companies Selling Software to the U.S. Government Soon Must Attest to Compliance with NIST Guidance on Software Supply Chain Security
By: Tina D. Reynolds and Markus Gerhard Speidel
Software companies that sell commercial software products to federal agencies soon must begin attesting to their compliance with guidance designed to enhance the security of the software supply chain. Under a new White House Office of Management and Budget (OMB) memorandum issued September 14,
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September 20, 2022 - Coronavirus
Nationwide Preliminary Injunction of Contractor Vaccine Mandate Remains Intact—For Now
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
Last Friday, the Federal Government filed a status report with the U.S. District Court for the Western District of Oklahoma, identifying both its position with respect to the litigation and whether the United States intends to take any further action to implement or enforce
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September 19, 2022 - Small Business
DOD Issues Guidance in Advance of Possible Failure to Reauthorize the SBIR/STTR Program
By: Damien C. Specht, James A. Tucker and Locke Bell
As of this posting, Congress has not yet reauthorized the popular Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Given the broad bipartisan support for these programs, most observers expect Congress to reauthorize the programs before they sunset on September
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September 12, 2022 - Protests & Litigation
August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration
By: James A. Tucker
In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that reached opposite conclusions concerning whether a joint venture offeror must
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August 30, 2022 - Coronavirus
Eleventh Circuit Narrows Scope of Nationwide Preliminary Injunction of Contractor Vax Mandate
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
In a long-awaited decision, on August 26, 2022, the United States Court of Appeals for the Eleventh Circuit significantly narrowed the scope of a nationwide preliminary injunction of the vaccine mandate in Executive Order 14042, the Biden Administration’s effort to impose on federal contractors
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August 29, 2022 - Grants
CHIPS and Science Act Makes Available Billions of Dollars for the United States Science and Technology Sectors
By: Tina D. Reynolds and Markus Gerhard Speidel
Infusing billions of dollars into the U.S. semiconductor industry and appropriating billions more for scientific research and development, what is now colloquially referred to as the CHIPS and Science Act of 2022 was signed into law by President Biden on August 9, 2022. According
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Welcome to the Government Contracts Insights Blog

EO 14042: OMB Guidance Keeps Enforcement on Hold “At This Time”

By: J. Alex Ward, Krista A. Nunez and Roke Iko

Executive Order 14042: Return of the Patchwork Preliminary Injunctions

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

September 2022 Bid Protest Roundup: Challenges to Corrective Action; Discarded Proposals, and Best Value Determinations

By: Lyle F. Hedgecock

Congress Passes Bill to Reauthorize SBIR/STTR Programs

By: Damien C. Specht, Tina D. Reynolds, James A. Tucker and Locke Bell

Companies Selling Software to the U.S. Government Soon Must Attest to Compliance with NIST Guidance on Software Supply Chain Security

By: Tina D. Reynolds and Markus Gerhard Speidel

Nationwide Preliminary Injunction of Contractor Vaccine Mandate Remains Intact—For Now

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

DOD Issues Guidance in Advance of Possible Failure to Reauthorize the SBIR/STTR Program

By: Damien C. Specht, James A. Tucker and Locke Bell

August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration

By: James A. Tucker

Eleventh Circuit Narrows Scope of Nationwide Preliminary Injunction of Contractor Vax Mandate

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

CHIPS and Science Act Makes Available Billions of Dollars for the United States Science and Technology Sectors

By: Tina D. Reynolds and Markus Gerhard Speidel