Compliance
July 29, 2019Protests & Litigation

“Mistake” In Government Contracts

Everyone knows that “ignorance of the law is no excuse.”  But what about ignorance of the facts?  In Woodies Holdings, L.L.C. v. United States, the Court of Federal Claims recently rejected a Government defense against a contractor claim and an affirmative counter-claim based on the Government’s alleged unilateral mistake of fact.  In this post we’ll ...›

Federal Procurement

President Issues New Domestic Preference Executive Order

The President has issued the third in a series of executive orders (EOs) directed at tightening domestic-preference restrictions in Government procurements covered by the Buy American Act (BAA).  EO 13881 orders the Federal Acquisition Regulatory Council (FAR Council) within 180 days to “consider proposing” a rule with the following features: (i) an amendment to the ...›

July 10, 2019Protests & Litigation

June 2019 Bid Protest Roundup

Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. This installment of our bid protest roundup takes a look at three protest decisions from June. The first decision is from the Court ...›

Cybersecurity

Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA

You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of Information request. In a reversal of long-standing precedent in federal district and circuit courts, the Supreme Court ruled ...›

June 5, 2019Protests & Litigation

May 2019 Bid Protest Roundup

Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and agencies seeking procurement. This installment of our bid protest roundup takes a look at three interesting protests from May. The first examines the Government Accountability ...›

Federal Court Confirms that Cybersecurity Gaps Can Form the Basis of False Claims Act Violations

Since the Department of Defense (DoD) and other federal agencies began implementing formal cybersecurity requirements for government contractors within the last few years, one lingering question on the minds of federal contractors and subcontractors has been:  “What happens if I do not comply?”  Firms, including ours, have counseled that breach of contract claims are possible, ...›