November 9, 2020Protests & Litigation

October 2020 Bid Protest Roundup (Law360 Spotlight)

In the latest installment of our bid protest spotlight (featured on Law360), we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a contract award. In Chronos Solutions, LLC, the GAO held it was unreasonable for an agency to construct its procurement without regard for the changed ...›

Breaking DOD’s Code: How to Figure Out and Resist What DOD Really, Truly Wants to Do to Your Data Rights

Your rights in technical data and software are at greater risk today than at any time during the last 25 years.  The Department of Defense (“DOD”) is proposing the authority to rewrite commercial software licenses in ways never before seen and guaranteed to be rejected by your software suppliers, as well as proposing authority to ...›

October 22, 2020Small Business

New Small Business Rules: Capabilities of Small Business Joint Venture Members and First-Tier Subcontractors

As we recently discussed, the U.S. Small Business Administration (SBA) has published a long-awaited rule that made important changes to numerous small business contracting programs and the rules Federal agencies must follow when contracting with small businesses.  These changes will go into effect on November 16, 2020.  You can read our summary of the rule ...›

October 16, 2020Acquisition Regulations, Defense

New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority

The Defense Contract Management Agency (DCMA) will institute a new Defective Pricing Pilot Team, according to a September 30, 2020, memo issued by Kim Herrington, Acting Principal Director of Defense Pricing and Contracting at the Office of the Under Secretary of Defense.  The DCMA Defective Pricing Pilot Team will assist Government Procuring Contract Officers (PCOs) ...›

FCA

U.S. District Court for the District of Columbia Finds That Alleged Cybersecurity Vulnerability Is Not Material Under False Claims Act

In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act (FCA) suit, finding that the relator both failed to establish materiality under the FCA and failed to prove the necessary scienter on the part of the contractor. ...›

October 7, 2020Protests & Litigation

September 2020 Bid Protest Roundup (Law360 Spotlight)

This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO).  The first, Sumaria Systems, Inc., evaluates whether an agency’s use of the highest technically rated, reasonably priced offeror methodology violates the Federal Acquisition Regulations (FAR).  The second, AT & T Corporation, examines a conflict of interest wherein ...›