Government Contracts Insights

July 18, 2024 - Protests & Litigation, Compliance
Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction
By: Locke Bell
A recent decision, Independent Rough Terrain Center, LLC v. United States (“ IRTC ”), [1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of other transaction (“OTs”) for Department of Defense prototype projects. The
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July 10, 2024 - Compliance, False Claims Act
The End of Chevron Deference: What It Means for False Claims Act Litigation
By: J. Alex Ward and Victoria Dalcourt Angle
Under the Supreme Court’s decision in Chevron USA Inc. v. Natural Resources Defense Council, Inc. , 467 U.S. 837 (1984), for decades courts have sometimes been required “to defer to ‘permissible’ agency interpretations of [ambiguities in] statutes those agencies administer—even when a reviewing court
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July 03, 2024 - Compliance
The End of Chevron Deference: What It Means for Government Contractors
By: Sandeep N. Nandivada
On June 28, 2024, the Supreme Court of the United States overruled a cornerstone of contemporary administrative law when it determined, in a 6-3 ruling, that the Supreme Court’s decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. , 467 U.S. 837
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June 06, 2024 - Protests & Litigation, Compliance
Has the GAO Opened the Door to Certain Other Transaction (OT) Bid Protests?
By: Locke Bell
Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the Competition in Contracting Act (CICA), Federal Acquisition Regulation (FAR),
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January 02, 2024 - Protests & Litigation, Cybersecurity & Data Privacy, Compliance
An Overview of the Defense Department’s Long-Awaited Proposed Regulations for Its Cybersecurity Maturity Model Certification Program
By: Tina D. Reynolds
The U.S. Department of Defense released a special holiday treat for government contractors and subcontractors last week in the form of long-promised proposed regulations for its Cybersecurity Maturity Model Certification (CMMC) program. More than two years in the making, the current iteration of the
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June 22, 2023 - Compliance, Cybersecurity & Data Privacy
When Does the So-Called TikTok Ban Really Apply to Contractors and Their Employees?
By: Tina D. Reynolds, James A. Tucker and Locke Bell
In the extensive chatter since the Federal Acquisition Regulatory Council (“FAR Council”) published an interim rule on the new Federal Acquisition Regulation (FAR) 52.204-27, “Prohibition on a ByteDance Covered Application,” commentators have almost universally advised that if a federal contractor’s employee uses a device
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April 27, 2023 - Federal Procurement, Defense, Compliance
Challenging Unilateral Definitizations of Undefinitized Contract Actions: What Is a Claim?
By: James A. Tucker
Forty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s administrative dispute process is complete, a contractor is
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July 06, 2020 - Compliance, False Claims Act
Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers
By: Lisa M. Phelan, Bonnie Lau, Eliot A. Adelson and Megan E. Gerking
The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2020.” To read the entire newsletter, please click here. Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers Key
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June 11, 2020 - Protests & Litigation, Defense, Compliance
Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security
By: J. Alex Ward and Victoria Dalcourt Angle
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 ¶
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May 18, 2020 - Protests & Litigation, Defense, Compliance, Coronavirus
Contracting in the Fog of War: Recovering Costs Caused by an Epidemic
By: J. Alex Ward and Victoria Dalcourt Angle
Like the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post , responding to COVID-19 raises wartime contracting issues on the home front and abroad. In “
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Topic Archives: Compliance

Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

By: Locke Bell

The End of Chevron Deference: What It Means for False Claims Act Litigation

By: J. Alex Ward and Victoria Dalcourt Angle

The End of Chevron Deference: What It Means for Government Contractors

By: Sandeep N. Nandivada

Has the GAO Opened the Door to Certain Other Transaction (OT) Bid Protests?

By: Locke Bell

An Overview of the Defense Department’s Long-Awaited Proposed Regulations for Its Cybersecurity Maturity Model Certification Program

By: Tina D. Reynolds

When Does the So-Called TikTok Ban Really Apply to Contractors and Their Employees?

By: Tina D. Reynolds, James A. Tucker and Locke Bell

Challenging Unilateral Definitizations of Undefinitized Contract Actions: What Is a Claim?

By: James A. Tucker

Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers

By: Lisa M. Phelan, Bonnie Lau, Eliot A. Adelson and Megan E. Gerking

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

By: J. Alex Ward and Victoria Dalcourt Angle

Contracting in the Fog of War: Recovering Costs Caused by an Epidemic

By: J. Alex Ward and Victoria Dalcourt Angle