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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June 22, 2023 - Compliance, Cybersecurity & Data Privacy
When Does the So-Called TikTok Ban Really Apply to Contractors and Their Employees?
By: Tina D. Reynolds, James A. Tucker and Locke Bell
In the extensive chatter since the Federal Acquisition Regulatory Council (“FAR Council”) published an interim rule on the new Federal Acquisition Regulation (FAR) 52.204-27, “Prohibition on a ByteDance Covered Application,” commentators have almost universally advised that if a federal contractor’s employee uses a device
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June 14, 2023 - Protests & Litigation
May 2023 Bid Protest Roundup: Timeliness, Discovery, Registration Gap
This past month, bid protest decisions from both the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) provided important reminders of procedural rules that protesters and intervenors alike must keep in mind if they wish to succeed at either forum. Accordingly, we
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June 06, 2023 - False Claims Act
United States Supreme Court: Look to Defendant’s Subjective Beliefs to Decide Whether It “Knowingly” Submitted False Claim
By: Adam L. Braverman, J. Alex Ward and Joseph R. Palmore
On June 1, 2023, the Supreme Court issued a decision in United States ex rel. Schutte v. SuperValu, Inc., clarifying when a defendant “knowingly” submits a false claim for payment under the False Claims Act (FCA). The Court held that a defendant that submits
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May 15, 2023 - Cybersecurity & Data Privacy
NIST Releases Revised Cybersecurity Controls and Requirements for Protection of Controlled Unclassified Information Resident in Contractor Information Technology Systems
By: Tina D. Reynolds and Sandeep N. Nandivada
On May 10, 2023, the National Institute of Standards and Technology (“NIST”) released an Initial Public Draft of Revision 3 to NIST Special Publication (“SP”) 800-171, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations. Although still in draft form, the document provides important
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May 10, 2023 - Coronavirus
President Biden Revokes Federal Contractor Vaccine Mandate
By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez and Roke Iko
On May 9, 2023, President Biden issued a highly anticipated Executive Order formally revoking the federal contractor COVID-19 vaccine mandate (Executive Order 14042) and the federal employee COVID-19 vaccine mandate (Executive Order 14043). The decision marks a significant shift in the administration’s earlier stance
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May 08, 2023 - Federal Procurement, Labor & Employment
The Debt Ceiling and Its Potential Implications for Government Contractors
By: Kevin P. Mullen and Markus Gerhard Speidel
Contractors face potential payment uncertainty as a result of the current congressional inability to agree to increase the federal government’s debt ceiling. The government reached the official debt limit months ago, on January 19, 2023. Yet by all appearances it continues to operate “as normal.”
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May 08, 2023 - Protests & Litigation
April 2023 Bid Protest Roundup: Nonofferor Protest, Irrational Analysis
By: Caitlin A. Crujido
This month’s Bid Protest Round-Up examines two recent decisions by the U.S. Court of Federal Claims (“COFC”). The first, Percipient.AI , Inc. v. United States , COFC No. 23-28C, involves the protest by a non-offeror of a contract awarded over two years ago. The
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May 02, 2023 - Cybersecurity & Data Privacy
Federal Government Provides Further Guidance and Draft Attestation Form for Software It Acquires
By: Tina D. Reynolds and Markus Gerhard Speidel
The Cybersecurity and Infrastructure Security Agency (CISA) of the Department of Homeland Security (DHS) recently published a draft version of a Secure Software Development Attestation Common Form. The draft Common Form is designed to confirm that software producers ( i.e. , the manufacturers/developers of software
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April 27, 2023 - Federal Procurement, Defense, Compliance
Challenging Unilateral Definitizations of Undefinitized Contract Actions: What Is a Claim?
By: James A. Tucker
Forty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s administrative dispute process is complete, a contractor is
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April 24, 2023 - Coronavirus
Ninth Circuit Dissolves Preliminary Injunction of EO 14042 Contractor Vaccine Mandate
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On April 19, 2023, the U.S. Court of Appeals for the Ninth Circuit deviated from its sister circuits and reversed the Arizona district court’s preliminary injunction of the contractor COVID-19 vaccine mandate issued pursuant to Executive Order 14042 (“Contractor Mandate”). This decision has created a
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Welcome to the Government Contracts Insights Blog

When Does the So-Called TikTok Ban Really Apply to Contractors and Their Employees?

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

May 2023 Bid Protest Roundup: Timeliness, Discovery, Registration Gap

United States Supreme Court: Look to Defendant’s Subjective Beliefs to Decide Whether It “Knowingly” Submitted False Claim

By: Adam L. Braverman, J. Alex Ward and Joseph R. Palmore

NIST Releases Revised Cybersecurity Controls and Requirements for Protection of Controlled Unclassified Information Resident in Contractor Information Technology Systems

By: Tina D. Reynolds and Sandeep N. Nandivada

President Biden Revokes Federal Contractor Vaccine Mandate

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

The Debt Ceiling and Its Potential Implications for Government Contractors

By: Kevin P. Mullen and Markus Gerhard Speidel

April 2023 Bid Protest Roundup: Nonofferor Protest, Irrational Analysis

By: Caitlin A. Crujido

Federal Government Provides Further Guidance and Draft Attestation Form for Software It Acquires

By: Tina D. Reynolds and Markus Gerhard Speidel

Challenging Unilateral Definitizations of Undefinitized Contract Actions: What Is a Claim?

By: James A. Tucker

Ninth Circuit Dissolves Preliminary Injunction of EO 14042 Contractor Vaccine Mandate

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