Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA...more
On December 23, 2022, President Joseph R. Biden signed into law the 2023 National Defense Authorization Act (NDAA) as Public Law No. 117-7776, which included Section 822: “Modification of Contracts to Provide Extraordinary...more
There is no way to avoid it. It seems like everything costs more now than it did last week, last month and last year. Energy is one area with very sensitive prices. You have likely experienced the significant changes in...more
Monetary inflation effectively imposes a tax on just about everything we purchase. But for many years, inflation was so muted and gradual that the economy could manage it with minimal disruption or personal hardship....more
If you utilize outside sales representatives to sell your products, you may have a hard time making deals economically feasible in the midst of an economic downturn. When the future is uncertain, you may be wondering how to...more
On May 25, 2022, the Department of Defense (“DoD”) issued a memorandum recognizing that contractors are not immune from the “period of unusually high” inflation. The memorandum, titled “Guidance on Inflation and Economic...more
Unless you’ve been living under a rock or on a self-sustaining deserted island, the chances are high that you have become quite familiar with the term “inflation” (i.e., the rising costs of goods and services) over the past...more
Inflation and the increased cost of doing business are having a nationwide impact — and there is no exception for Government Contractors. As we recently covered contractors experiencing material cost escalation on...more
A common question for commercial and industrial (C&I) offtakers is why there’s a covenant that the Project Company must sell all of the power it is financially settling with the C&I customer into the wholesale market. A...more
The gradual alleviation of the COVID-19 emergency brought about the gradual resumption of business activities and the recovery of various sectors, which had been inactive for a long period. This has resulted in a boom in...more
Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content,...more
This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to...more
The cost of building materials has risen significantly this year. Who should bear this risk and how can the various parties to construction contracts mitigate this risk? Owners, contractors, subcontractors, and...more
On March 23, 2021, The House Small Business, Subcommittee on Contracting and Infrastructure held a remote hearing titled: “The Interaction Between the Paycheck Protection Program and Federal Acquisition Regulations: What It...more
The energy market has been dominated by major energy companies for a long time. New market opportunities and digitalization could lead to a higher market penetration of startups. 1. The 100 percent green energy goal - ...more
The United States Government Accountability Office (“GAO”) issued a January 16th decision addressing a protest of a United States Corps of Engineers (“Corps”) rejection of a bid proposal. See Matter of Bristol...more
On Feb. 9, 2018, the Trump Administration released a 30-page report analyzing domestic and global factors influencing drug pricing. The report by the Council of Economic Advisers (CEA) is expected to inform the HHS' Fiscal...more
It has been well understood in the Federal Acquisition Regulation (“FAR”), and in government contracting generally, that different contract types balance the risks and rewards so as to ensure both the government and the...more
Recently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine...more
In 2007, the Supreme Court overturned almost a century of precedent by ruling that vertical price restraints were no longer per se violations of the Sherman Antitrust Act (the “Sherman Act”), finding they would now be...more
Telehealth opportunities continue to grow at an exponential rate, aligning with the concurrent growth of retail and consumer-focused medicine. Capturing the retail sentiment, companies are looking to offer subscription-based...more
In the U.K. M&A market, the continuing trend in recent years has been an increase in the number of deals being completed on the basis of a locked-box pricing mechanism. In a locked-box transaction, as opposed to the...more