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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March 01, 2022 - Protests & Litigation
Private Sector Directed to Be on Alert for Potential Russian Cyber Attacks
By: Alex Iftimie and Tina D. Reynolds
As the Russian invasion of Ukraine becomes a protracted campaign, and as the United States and other countries impose sanctions and other penalties on Russia in response, the possibility of Russian cyberattacks directed at the West (or that spill from Ukraine) looms large. In
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February 25, 2022 - Coronavirus
A Second Look: Parties Spar Over Vaccine Mandate in Eleventh Circuit Appeal from EO 14042 Injunction
By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez and Adam L. Sorensen
It has been more than two months since the U.S. District Court for the Southern District of Georgia issued a nationwide preliminary injunction of Executive Order 14042 , the Biden Administration’s effort to impose a vaccine requirement on federal contractors. Since then, the district
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February 22, 2022 - Protests & Litigation
January 2022 Bid Protest Roundup
By: Locke Bell
This month’s bid protest roundup begins with two decisions, one from the Small Business Administration’s Office of Hearings and Appeals (OHA) and another from the Government Accountability Office (GAO), highlighting potential pitfalls that await offerors that undergo a merger, acquisition, or other corporate transaction
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February 10, 2022 - False Claims Act
DOJ Releases False Claims Act Statistics for Fiscal Year 2021
By: Brian K. Kidd, Adam L. Braverman and Demme Doufekias
On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it collected more than $5.6 billion in False Claims Act (FCA) settlements and judgments in fiscal year 2021. This is the largest annual total since 2014, and the second largest in FCA
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February 09, 2022 - Protests & Litigation
Unavailable Key Personnel: Differing Legal Standards at the Gao and Court of Federal Claims
By: Damien C. Specht and James A. Tucker
An interesting new bid protest decision from the U.S. Court of Federal Claims articulates a rule for pre-award key personnel unavailability that is very different from the one employed by the U.S. Government Accountability Office (GAO). In Golden IT, LLC v. United States ,
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February 08, 2022 - False Claims Act
Cyber Compliance On Trial: Court Denies Summary Judgment in Aerojet FCA Case
By: J. Alex Ward and Tina D. Reynolds
Aerojet Rocketdyne received another blow last week in its long running battle to end a 2015 False Claims Act suit alleging it lied about its compliance with cybersecurity requirements in order to win several federal contracts. In United States ex rel. Brian Markus v.
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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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Welcome to the Government Contracts Insights Blog

Private Sector Directed to Be on Alert for Potential Russian Cyber Attacks

By: Alex Iftimie and Tina D. Reynolds

A Second Look: Parties Spar Over Vaccine Mandate in Eleventh Circuit Appeal from EO 14042 Injunction

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

January 2022 Bid Protest Roundup

By: Locke Bell

DOJ Releases False Claims Act Statistics for Fiscal Year 2021

By: Brian K. Kidd, Adam L. Braverman and Demme Doufekias

Unavailable Key Personnel: Differing Legal Standards at the Gao and Court of Federal Claims

By: Damien C. Specht and James A. Tucker

Cyber Compliance On Trial: Court Denies Summary Judgment in Aerojet FCA Case

By: J. Alex Ward and Tina D. Reynolds

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