Government Contracts Insights

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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March 06, 2020 - Protests & Litigation
February 2020 Bid Protest Roundup (Law360 Spotlight)
By: Sandeep N. Nandivada
This installment of our monthly Law360 bid protest spotlight features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning reprocurement contracts, timeliness rules, and discussions. Steel Point Solutions, LLC addresses the proper scope of reprocurement contracts. Vizocom provides a cautionary tale for contractors
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February 10, 2020 - Protests & Litigation
January 2020 Bid Protest Roundup
By: Locke Bell
This installment of our monthly Law360 bid protest bid protest spotlight examines three protest decisions addressing challenges to contractor performance assessment reports (“CPARs”), procurements through the General Services Administration’s (“GSA”) Federal Supply Schedules (“FSS”), and standing to protest. In Colonna’s Shipyard, Inc. , the
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February 04, 2020 - Protests & Litigation, Defense, Compliance, Data Rights, Intellectual Property
Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends
By: James A. Tucker and Locke Bell
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
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January 21, 2020 - Protests & Litigation
2019 Protest Roundup
By: Victoria Dalcourt Angle
This installment of our Law360 bid protest spotlight examines two protest decisions released in December, provides a year-end review of key bid protest decisions from 2019, and discusses a few takeaways from the U.S. Government Accountability Office ‘s fiscal year 2019 report on its
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January 15, 2020 - Protests & Litigation, Compliance
Defective Certifications: Where to Draw the Line?
By: Caitlin A. Crujido
Somewhat surprisingly, the end of 2019 provided two decisions regarding defective certifications, including one from the Federal Circuit. The first case, Kirlin Builders, LLC , ASBCA No. 61901, reminds readers that a defective certification, as opposed to no certification at all, is a correctable
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Topic Archives: Protests & Litigation

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

February 2020 Bid Protest Roundup (Law360 Spotlight)

By: Sandeep N. Nandivada

January 2020 Bid Protest Roundup

By: Locke Bell

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

By: James A. Tucker and Locke Bell

2019 Protest Roundup

By: Victoria Dalcourt Angle

Defective Certifications: Where to Draw the Line?

By: Caitlin A. Crujido