Morrison & Foerster LLP - Government Contracts Insights

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Firm Profile: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482, United States
Phone: (415) 268-7000
Fax: (415) 268-7522
Areas Of Practice
  • Commercial Law & Contracts
  • Government
Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • New York
  • Virginia
Other Countries
  • Belgium
  • China
  • Germany
  • Hong Kong
  • Japan
  • Singapore
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

Is Change Around the Corner? One Proposal to Forge Sweeping Changes to Defense Contracting

At the end of 2024, Senator Roger Wicker (R-MS) published a plan (“Restoring Freedom’s Forge: American Innovation Unleashed”) and introduced a bill (the Fostering Reform and Government Efficiency in Defense Act or FoRGED Act)…more
 /  Administrative Law, Military Law, Government Contracting

FAR Reform Now Underway

The current administration’s efforts to reform the Federal Acquisition Regulation (FAR) are now officially underway. On April 15, 2025, in an Executive Order titled Restoring Common Sense to Federal Procurement (EO or “Order”),…more
 /  Administrative Law, Commercial Law & Contracts, Government Contracting

Deregulating Federal Procurement: Implications of Three Recent Executive Actions

The Administration signed two Executive Orders (EOs or “Orders”) and one Presidential Memorandum (“Memo”) on April 9, 2025, that aim to make federal procurements faster and more efficient: 1.Modernizing Defense Acquisitions…more
 /  Administrative Law, Government Contracting, International Law & Trade

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an…more
 /  Administrative Law, Government Contracting

Kickstarting AI in the Federal Government: OMB’s Policy to Implement Executive Order 14179

On April 3, 2025, the Office of Management and Budget (OMB) issued two memoranda implementing President Trump’s Executive Order 14179, Removing Barriers to American Leadership in Artificial Intelligence. Memorandum M-25-21,…more
 /  Government Contracting, Privacy, Science, Computers, & Technology

FAR Overhaul Underway

The Federal Acquisition Regulation, initially issued on April 1, 1984, appears poised to be rewritten. Several online sources reference a GSA announcement posted on Friday, April 4, that supposedly heralded a bottom-up rewrite…more
 /  Administrative Law, Government Contracting

FedRAMP 20x: Reformulating the Authorization Process

FedRAMP Director Pete Waterman recently unveiled the “FedRAMP 20x” plan – a proposal designed to reimagine and reformulate the FedRAMP authorization process for federal government use of cloud-based products and services…more
 /  Administrative Law, Government Contracting, Science, Computers, & Technology

Court of Federal Claims Confirms Jurisdiction over Other Transaction (OT) Bid Protests

Last month, in Raytheon Co. v. United States, the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC…more
 /  Administrative Law, Civil Procedure, Government Contracting

President Trump Revokes the Biden-Era Federal Minimum Wage for Contractors

In recent years, presidents have attempted to impose minimum wage requirements on federal contractors without the need to go through Congress. These requirements have been in addition to the wage floors set by individual states…more
 /  Administrative Law, Government Contracting, Labor & Employment Law

Bid Protest Roundup: Past Performance, Preliminary Injunctions, and Novel Regulatory Requirements

This month’s Bid Protest Roundup highlights two Court of Federal Claim decisions, addressing past performance and injunctive relief, and one by the U.S. Government Accountability Office (“GAO”), clarifying the applicability of…more
 /  Commercial Law & Contracts, Construction Law, Government Contracting

Marking Commercial Technical Data After FlightSafety

There is no law or regulation instructing contractors how to mark commercial technical data delivered to the Department of Defense (DoD). Yet the DoD Federal Acquisition Regulation Supplement (DFARS) is quite clear that…more
 /  Commercial Law & Contracts, Government Contracting, Intellectual Property

Bid Protest Spotlight: Registration, Substantiation, Experience

To kick off the new year, this bid protest spotlight highlights two U.S. Government Accountability Office decisions involving System for Award Management (SAM) registration requirements when submitting an “offer” and an agency’s…more
 /  Administrative Law, Commercial Law & Contracts, Government Contracting

DoD Other Transactions (OTs) Desk Reference

The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to the…more
 /  Commercial Law & Contracts, Government Contracting, Military Law

Deja Vu All Over Again: Trump’s Tariffs and their Impact on Government Contractors

President Trump has called himself the “Tariff Man” and has said that “Tariffs are the greatest thing ever invented.”[1] It therefore should come as no surprise that, in the first month since taking office, he has announced…more
 /  Antitrust & Trade Regulation, Government Contracting, International Law & Trade

President Trump’s DEI Certification for Federal Contractors Creates Significant FCA Risk

On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other…more
 /  Administrative Law, Civil Rights, Labor & Employment Law, Government Contracting
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