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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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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August 26, 2022 - Labor & Employment
OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis
By: Andrew R. Turnbull
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41 C.F.R. § 60-2.17(b)(3). Although OFCCP’s clarification is welcome news for contractors,
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August 22, 2022 - Federal Procurement
“I Get By with a Little Help from My Friends”: Relying on Affiliate Past Performance and Experience
By: Damien C. Specht and James A. Tucker
For evaluation purposes in a federal procurement, may an offeror rely upon the past performance and experience of its affiliates? The answer generally is a qualified yes, but the answer and the qualifications may change depending on the terms of each solicitation. If, on the other
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August 16, 2022 - Federal Procurement
Another Piece to the Puzzle: Court of Federal Claims Has Jurisdiction Over Bid Protest Where the Disputed Other Transaction Could Lead to a Follow-On Production Contract
By: Locke Bell and Victoria Dalcourt Angle
There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported , cases such as SpaceX , MD Helicopter , and Kinemetrics have provided useful data points. The most recent decision of the U.S. Court of
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August 12, 2022 - Federal Procurement
July 2022 Bid Protest Roundup: Standing, Delivery Orders, Conflicts
By: Sandeep N. Nandivada
This month’s bid protest round up focuses on three recent decisions from the U.S. Court of Federal Claims and the Government Accountability Office (GAO). These decisions involve (1) standing at the Court where protest allegations are speculative; (2) the rules related to delivery orders issued
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July 26, 2022 - Small Business
New Small Business Regulation: Reliance on Past Performance Gained as a Subcontractor or Joint Venture Member
By: James A. Tucker and Damien C. Specht
The U.S. Small Business Administration (SBA) recently promulgated a final rule addressing past performance ratings for small business joint venture members and small business first-tier subcontractors. The rule, which will go into effect on August 22, 2022, is a welcome implementation of requirements of
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July 18, 2022 - Labor & Employment
EO 14055 Proposed Rules Require Successor Contractors to Once Again Offer First Right of Refusal to Predecessor Workers
By: Andrew R. Turnbull and Nicole E. Giles
On July 15, 2022, the U.S. Department of Labor (DoL) published a 160-page Notice of Proposed Rulemaking (NPRM) to implement Executive Order (EO) 14055 , “Nondisplacement of Qualified Workers Under Service Contracts,” seeking to once again require successor contractors to give a right of
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July 12, 2022 - Acquisition Regulations, Federal Procurement, Domestic Preferences
Chasing the FAR: DOD’s Buy American Act Final Rule
By: Markus Gerhard Speidel
Recently, the Department of Defense (DOD) issued a final rule that immediately implements President Trump’s Executive Order (E.O.) 13881 to maximize the government’s procurement of American-made goods, products, and materials under the Buy American Act (BAA) statute. The final rule conforms the DOD’s pre-existing
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July 11, 2022 - Protests & Litigation
June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo
By: Krista A. Nunez
This month’s 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 (“Court”). These decisions involve (1) the consequences of failing to scrutinize the terms of an indefinite-delivery indefinite-quantity
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June 27, 2022 - False Claims Act
Supreme Court to Consider Whether the Government Can Dismiss a False Claims Act Suit if It Opted Not to Intervene at the Outset
By: J. Alex Ward and Victoria Dalcourt Angle
The U.S. Supreme Court has agreed to consider whether the Government can dismiss a False Claims Act (“FCA”) lawsuit pursuant to 31 U.S.C. § 3730(c)(2)(A) over the Relator’s objections after initially choosing not to intervene in the case and, if so, what standard applies.
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Welcome to the Government Contracts Insights Blog

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

OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis

By: Andrew R. Turnbull

“I Get By with a Little Help from My Friends”: Relying on Affiliate Past Performance and Experience

By: Damien C. Specht and James A. Tucker

Another Piece to the Puzzle: Court of Federal Claims Has Jurisdiction Over Bid Protest Where the Disputed Other Transaction Could Lead to a Follow-On Production Contract

By: Locke Bell and Victoria Dalcourt Angle

July 2022 Bid Protest Roundup: Standing, Delivery Orders, Conflicts

By: Sandeep N. Nandivada

New Small Business Regulation: Reliance on Past Performance Gained as a Subcontractor or Joint Venture Member

By: James A. Tucker and Damien C. Specht

EO 14055 Proposed Rules Require Successor Contractors to Once Again Offer First Right of Refusal to Predecessor Workers

By: Andrew R. Turnbull and Nicole E. Giles

Chasing the FAR: DOD’s Buy American Act Final Rule

By: Markus Gerhard Speidel

June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo

By: Krista A. Nunez

Supreme Court to Consider Whether the Government Can Dismiss a False Claims Act Suit if It Opted Not to Intervene at the Outset

By: J. Alex Ward and Victoria Dalcourt Angle