A long-time bipartisan practice may be getting a fresh look from federal courts. Historically, presidential administrations have leveraged government contracts to implement various policy aims – sometimes those unrelated to...more
WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more
WHAT: In Aviation Training Consulting, LLC, the Armed Services Board of Contract Appeals (ASBCA) held that it had jurisdiction to hear the contractor’s claim for increased costs to keep its workforce in a ready state during...more
On December 14, 2023, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2024 (NDAA), following the Senate’s passage a few days earlier. The President is expected to sign the NDAA into...more
12/19/2023
/ Artificial Intelligence ,
China ,
Cuba ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Drones ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Information Security Modernization Act (FISMA) ,
FISA ,
Greenhouse Gas Emissions ,
Information and Communication Technology (ICT) ,
National Security ,
NDAA ,
Software ,
Subcontractors ,
Supply Chain ,
Unmanned Aircraft Systems ,
US State Departments
WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill...more
WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more
WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more
WHAT: On April 25, 2023, the United States Court of Appeals for the Federal Circuit issued a decision in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, No. 2022-1035, holding that the Contracting Officer’s...more
On December 15, 2022, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year (FY) 2023 (NDAA or Act), which President Biden is expected to sign into law soon. The NDAA contains numerous...more
We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...more
WHAT: The U.S. Department of Defense (DOD) is now signaling that it may be more willing to consider requests for equitable adjustment to firm-fixed-price contracts to compensate contractors for the effects of inflation....more
On December 15, 2021, Congress passed the National Defense Authorization Act (NDAA or Act) for Fiscal Year (FY) 2022, which President Biden is expected to sign into law soon. As usual, the NDAA contains numerous provisions...more
12/22/2021
/ Biotechnology ,
China ,
Contract Termination ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Dual Use Goods ,
Federal Contractors ,
Forced Labor ,
Made in the USA ,
NDAA ,
Popular ,
Procurement Guidelines ,
Risk Assessment ,
Risk Management ,
Small Business ,
Supply Chain