News & Analysis as of

Court of Federal Claims

Holland & Knight LLP

2018 Bid Protest Year-In-Review: Strong Rates of Success at GAO Hold Steady, Number of Protests at the Court Spikes

by Holland & Knight LLP on

Protesters remained active and fairly successful in their challenges to agencies' procurement actions at the Government Accountability Office (GAO) in 2018, while protests at the Court of Federal Claims spiked. According...more

Jackson Walker

Are Patents Property?

by Jackson Walker on

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...more

Obermayer Rebmann Maxwell & Hippel LLP

New Litigation Claims that the Federal Government is Violating Wage & Hour Law by Forcing Employees to Work Without Pay During the...

With the partial government shutdown reaching record lengths, several federal employees who have been required to work without pay have sought court intervention, alleging that this practice violates the Fair Labor Standards...more

Sanford Millar

The Taxpayer - Accountant Relationship Is Under Pressure

by Sanford Millar on

The beginning of the year is usually a time for thinking about the challenges ahead. This year is no different. The “shutdown” of parts of the federal government, including the IRS, will cause a variety of personal and...more

Davis Wright Tremaine LLP

The Court of Federal Claims Provides Guidance on Cardinal and Constructive Change Law

by Davis Wright Tremaine LLP on

A recent case from the Court of Federal Claims provides us with a useful summary of several legal principles applicable to constructive changes and cardinal changes. The case arose out of a contract to supply mail processing...more

Fox Rothschild LLP

REA And Claim Best Practices: Providing Notice Of Differing Site Conditions

by Fox Rothschild LLP on

Recently on the blog, I covered one of the major risks encountered by construction contractors – subsurface or unexpected physical conditions discovered after the work begins (commonly known as Differing Site Conditions...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Veteran-Owned Small Businesses Are the VA’s First Priority

The U.S. Court of Appeals for the Federal Circuit recently affirmed a May 2017 Court of Federal Claims decision requiring the U.S. Department of Veterans Affairs (“VA”) to give veteran-owned small businesses first priority...more

PilieroMazza PLLC

Federal Circuit Confirms That VA Rule of Two Analysis Is Required for All Types of VA Procurements

by PilieroMazza PLLC on

Last year, I wrote about a decision of the U.S. Court of Federal Claims (“COFC”) in which it held that the U.S. Department of Veterans Affairs (“VA”) must perform a “Rule of Two” analysis to determine whether at least two...more

Davis Wright Tremaine LLP

Nothing Is Set in Stone: COFC Rejects Claim for Breach of the Duty of Good Faith Based on Contractor’s Unreasonable Expectations...

by Davis Wright Tremaine LLP on

The Court of Federal Claims directed judgment for the Government in a case where nearly thirty percent of the anticipated drilling elevations were incorrect, yet the geotechnical report was clear that the contractor should...more

Davis Wright Tremaine LLP

Better Safe than Sorry – The Importance of Providing Notice of Potential Claims during Performance

by Davis Wright Tremaine LLP on

A recent decision by the Court of Federal Claims underscores the need to provide notice of potential claims as well as the effects of exculpatory language limiting the ability to rely upon information provided by the...more

Blank Rome LLP

Is There No Balm in Gilead? The Federal Circuit’s Decision in Dell Federal Systems L.P. v. United States Reinforces Contractors’...

by Blank Rome LLP on

Any company that has participated in a federal procurement, and has been involved in subsequent bid protest litigation, is likely familiar with the procuring agency’s ability to take “corrective action.” In a nutshell,...more

Cohen Seglias Pallas Greenhall & Furman PC

What is an Organizational Conflict of Interest (OCI) and How Can a Contractor Work With the Government to Mitigate One

Over the past couple of months, we have had several clients contact us to discuss issues involving Organizational Conflicts of Interest (OCIs). In each case, it seemed like there was some confusion either by the government,...more

PilieroMazza PLLC

Breach of Settlement Agreement Suits Against Federal Government Not Precluded by Finality Clauses

by PilieroMazza PLLC on

During settlement discussions with the federal government, contractors are sometimes concerned that the government may not live up to the terms or frustrate the purposes of a settlement agreement and that they will be harmed...more

Davis Wright Tremaine LLP

COFC Sustains Protest, Rejecting Agency’s Improper Reliance on Subcontractor’s Experience and “Next-In-Line” Requirement for...

by Davis Wright Tremaine LLP on

In another recently released bid protest sustained by the Court of Federal Claims, the Court addresses a protestor’s standing and an offeror’s ability to rely on the experience of its subcontractors in satisfying technical...more

Blank Rome LLP

Trade Agreements Act Enforcement Loses a Couple More Teeth

by Blank Rome LLP on

Two recent judicial decisions involving the Trade Agreements Act (“TAA”) build on a trend reflecting a more favorable enforcement climate for contractors grappling with domestic preference regimes. ...more

Mintz - Health Care Viewpoints

Court Rules that Federal Government Must Make Cost Sharing Reduction Payments to Insurers

ACA plans scored a major victory last week when a federal court held that health plans participating on the ACA exchanges are entitled to unpaid cost sharing reduction (CSR) payments from the federal government. The case –...more

Kilpatrick Townsend & Stockton LLP

One year later: Hurricane Harvey in the Courts

In the year since Hurricane Harvey, the Texas and Federal court systems have been flooded, saturated, engulfed (pick the Harvey related adjective of your choosing) with filings related to the damages caused by the rain-heavy...more

PilieroMazza PLLC

Weekly Update Newsletter - August 2018 #3

by PilieroMazza PLLC on

FEDERAL ACQUISITION REGULATIONS - Federal Acquisition Regulation; Paid Sick Leave for Federal Contractors - The Department of Defense (DoD), General Services Administration (GSA), and NASA are adopting as final, without...more

PilieroMazza PLLC

Contractor Who Brought Lawsuit Against Government Faces False Claims Act and Fraud Counterclaims

by PilieroMazza PLLC on

The U.S. Court of Federal Claims (“COFC”) recently issued an opinion that should give pause to contractors who seek to bring suit against the U.S. government but have not complied with materially relevant government...more

PilieroMazza PLLC

Court of Federal Claims Issues Wide-Reaching Decision on Trade Agreements Act

by PilieroMazza PLLC on

On July 16, 2018, the U.S. Court of Federal Claims (“Court”) issued a decision in the bid protest of Acetris Health, LLC v. United States, Case No. 18-433C, that will likely have far-reaching implications on other...more

PilieroMazza PLLC

Acetris Health Case Demonstrates the Value of Strategy in Pre-Award Bid Protests

by PilieroMazza PLLC on

We recently wrote about the decision in Acetris Health, LLC v. United States, Case No. 18-433C (July 16, 2018), in which the U.S. Court of Federal Claims (“Court”) issued a decision about a challenge to the terms of a...more

Morgan Lewis

Court Interprets Trade Agreements Clause Applicable to Federal Procurements

by Morgan Lewis on

The US Court of Federal Claims recently interpreted the Trade Agreements Clause applicable to federal government procurements of more than $180,000 as permitting the purchase of domestic end products, even if they are deemed...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims Confirms that EPA Was Responsible for “Taking” Steel Making Byproduct Purchased by a Private Party

On May 18, the U.S. Court of Federal Claims decided the case of Gadsden Indus. Park, LLC v. U.S., ruling that the Environmental Protection Agency (EPA) was responsible for the “taking” of byproduct materials produced by the...more

Dentons

Government Contracts Legislative and Regulatory Update - May 2018

by Dentons on

Our May edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of April....more

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Updates to This Policy

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