Government Contracts Insights

September 10, 2020 - Protests & Litigation
August 2020 Bid Protest Roundup (Law360 Spotlight)
By: Locke Bell
This month’s bid protest roundup (featured on Law360 ) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers [i] , examines potential conflicts of interest arising out of the government’s reliance on contractors in its acquisition process. The second and
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August 06, 2020 - Protests & Litigation
July 2020 Bid Protest Roundup (Law360 Spotlight)
By: James A. Tucker
In this month’s bid protest roundup (featured on Law360 ), we consider three protest decisions the GAO released in the month of July, each of which provides important guidance for companies competing for government contracts. The first involves an unusual twist on an offeror’s
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July 08, 2020 - Protests & Litigation
June 2020 Bid Protest Roundup (Law360 Spotlight)
By: Lyle F. Hedgecock
While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundup makes clear that the Federal Courts are business as usual, with three decisions from the Court of Federal Claims
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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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June 08, 2020 - Protests & Litigation
May Bid Protest Roundup (Law360 Spotlight)
By: Alissandra Young McCann
This month’s Law360 spotlight examines three protest decisions addressing first article testing, proprietary information in unsolicited proposals, and timely submittal of proposals. In SSI Technology [i] , the U.S. Court of Federal Claims (COFC) found a sole source award for urgently needed parts appropriate
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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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May 11, 2020 - Acquisition Regulations, Protests & Litigation
Try, Try Again
By: Kathy C. Weinberg
A recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act (TINA). The Armed Services Board of Contracting Appeals did not
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May 06, 2020 - Protests & Litigation
April Bid Protest Roundup (Law360 Spotlight)
By: Lyle F. Hedgecock and Caitlin A. Crujido
This installment of our monthly Law360 bid protest spotlight features a number of noteworthy decisions from the U.S. Government Accountability Office (GAO), Court of Federal Claims (COFC) and Federal Circuit. Eskridge & Associates addresses the hurdles associated with establishing prejudice. Abacus Technology Corporation discusses
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April 06, 2020 - Protests & Litigation
March Bid Protest Roundup (Law360 Spotlight)
By: James A. Tucker
Neither rain nor sleet nor quarantine restrictions stop bid protests or our monthly roundup. Thus far the virus has not resulted in dramatic changes to GAO processes, as they have been almost completely electronic from the start. It is possible, though, that contractors may
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March 30, 2020 - Protests & Litigation, False Claims Act
Unprecedented Discovery Orders Vacated: Fourth Circuit Confirms Government Contractors Do Not Waive Privilege by Disclosing Facts Uncovered during an Internal Investigation under the FAR’s Mandatory Disclosure Rule
By: J. Alex Ward and Victoria Dalcourt Angle
Lawyers often view a writ of mandamus to a Court of Appeals as a last-gasp—indeed, almost hopeless—stratagem. But sometimes they are granted, particularly when the district court order they challenge is even more extraordinary. That is what just happened in In re Fluor Intercontinental,
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Topic Archives: Protests & Litigation

August 2020 Bid Protest Roundup (Law360 Spotlight)

By: Locke Bell

July 2020 Bid Protest Roundup (Law360 Spotlight)

By: James A. Tucker

June 2020 Bid Protest Roundup (Law360 Spotlight)

By: Lyle F. Hedgecock

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

May Bid Protest Roundup (Law360 Spotlight)

By: Alissandra Young McCann

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

By: J. Alex Ward and Victoria Dalcourt Angle

Try, Try Again

By: Kathy C. Weinberg

April Bid Protest Roundup (Law360 Spotlight)

By: Lyle F. Hedgecock and Caitlin A. Crujido

March Bid Protest Roundup (Law360 Spotlight)

By: James A. Tucker

Unprecedented Discovery Orders Vacated: Fourth Circuit Confirms Government Contractors Do Not Waive Privilege by Disclosing Facts Uncovered during an Internal Investigation under the FAR’s Mandatory Disclosure Rule

By: J. Alex Ward and Victoria Dalcourt Angle