March 29, 2022 - Defense

DOD Adds Enhanced Post-Award Debriefing to the DFARS

Earlier this month, the U.S. Department of Defense (DOD) issued a final rule to add the 2018 National Defense Authorization Act’s enhanced post-award debriefing rights to the Defense Federal Acquisition Regulation Supplement (DFARS). The rule took effect immediately on March 18, 2022, and formalizes …›

May 21, 2021 - Defense, National Security

DOD Proposes Enhanced Debriefing Regulations

Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA) ushered in enhanced post-award debriefing requirements for covered Department of Defense (DOD) procurements. DOD formally implemented part of those requirements in 2018 in Class Deviation 2018-O0011, which required DOD …›

August 17, 2020 - Defense

Clear Skies for Boeing After No-Waiver Ruling

Below is an excerpt from one of Morrison & Foerster’s newest blogs, Federal Circuitry, which takes a data-driven look at the Federal Circuit. In addition to analyzing Federal Circuit statistics, the blog publishes a “Last Week in the Federal Circuit” roundup and a monthly …›

Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security

We have previously written about the challenges contractors face when pursuing costs incurred because of combat zone risks. These risks, and the resulting costs, can be unpredictable and are not always compensable. In ECC Int’l Constructors, LLC, ASBCA No. 59138, 19-1 BCA …›

Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends

The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States.[i] In that case, Raytheon asked the Court to review a contracting officer’s demand that Raytheon replace its common proprietary, not-subject-to-release-under-FOIA[ii] marking with …›