Government Contracts Insights

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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March 29, 2022 - Defense
DOD Adds Enhanced Post-Award Debriefing to the DFARS
By: James A. Tucker
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
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May 21, 2021 - Defense, National Security
DOD Proposes Enhanced Debriefing Regulations
By: James A. Tucker
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
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January 19, 2021 - Defense, Intellectual Property
The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope
By: Locke Bell
Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force , that the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) data rights clauses do not prohibit a contractor
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October 16, 2020 - Acquisition Regulations, Defense
New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority
By: J. Alex Ward and Kathy C. Weinberg
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
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August 17, 2020 - Defense
Clear Skies for Boeing After No-Waiver Ruling
By: Seth W. Lloyd
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
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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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March 05, 2020 - Federal Procurement, Labor & Employment, Defense, Compliance, Coronavirus
Coronavirus (COVID-19) Update: Keep Calm, Wash Your Hands, and Know Your Rights
By: Locke Bell
As the novel coronavirus, COVID-19, invades more and more of everyday life, the chance it will affect government contracts and government contractors becomes more and more likely. These effects might include workforce reductions from those out sick, travel restrictions, base closures, or telework. Indeed,
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February 24, 2020 - Defense, Cybersecurity & Data Privacy
MoFo Webinar: Are You Ready for CMMC? Do You Need to Be?
By: Tina D. Reynolds
Please join Morrison & Foerster LLP, Coalfire Federal, and Grant Thornton Public Sector on Thursday, February 27 at 12PM EST for a deep dive into the key aspects of the Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) process and how it will affect
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Topic Archives: Defense

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

By: James A. Tucker

DOD Adds Enhanced Post-Award Debriefing to the DFARS

By: James A. Tucker

DOD Proposes Enhanced Debriefing Regulations

By: James A. Tucker

The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope

By: Locke Bell

New DCMA Defective Pricing Pilot Team Will Possess Audit Resolution Authority

By: J. Alex Ward and Kathy C. Weinberg

Clear Skies for Boeing After No-Waiver Ruling

By: Seth W. Lloyd

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

Coronavirus (COVID-19) Update: Keep Calm, Wash Your Hands, and Know Your Rights

By: Locke Bell

MoFo Webinar: Are You Ready for CMMC? Do You Need to Be?

By: Tina D. Reynolds