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Jurisdiction Federal Acquisition Regulations (FAR)

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

Foley & Lardner LLP on

Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Mayer Brown

Ruling on an Issue of First Impression, US COFC Finds Protest Jurisdiction Over Challenge to a Follow-On Production Other...

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On July 16, 2024, the Court of Federal Claims (“COFC” or “Court”) published an opinion, Independent Rough Terrain Center, LLC v. United States, exercising jurisdiction to consider a bid protest involving Other Transaction...more

Benesch

InterConnect Newsletter - Summer 2023

Benesch on

Air carrier liability has been governed by international convention nearly since the inception of the technology. In 1903, the Wright Brothers infamously conducted powered flight at Kitty Hawk. In 1919, the first reported...more

Pillsbury Winthrop Shaw Pittman LLP

One Contractor Hurdle Defeated: Federal Circuit Holds That the “Sum Certain” Requirement for CDA Claims is Not Jurisdictional

The U.S. Court of Appeals for the Federal Circuit broke with earlier precedent and held that the sum certain requirement imposed on contractors is not jurisdictional and therefore cannot be grounds for dismissal late in the...more

Perkins Coie

Federal Circuit Holds “Sum Certain” Requirement in Government Contracts Cases Is Nonjurisdictional

Perkins Coie on

Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)...more

Seyfarth Shaw LLP

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

Seyfarth Shaw LLP on

In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more

Wiley Rein LLP

Federal Circuit Reconsiders What Is Jurisdictional: Will It Level the Playing Field in CDA Disputes?

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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

Morgan Lewis

Court of Federal Claims Clarifies Bid Protest Jurisdiction for OTA Agreements

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In a recent dispute, the United States argued that the Court of Federal Claims lacked jurisdiction to review any disputes concerning Other Transaction Authority (OTA) agreements, and that it is “conceivable” that no court had...more

Bass, Berry & Sims PLC

The Black Hole of Protest Jurisdiction: Can I Challenge the Award of an “Other Transaction Agreement”?

Bass, Berry & Sims PLC on

While most federal procurements are conducted using the onerous regulations set forth in the Federal Acquisition Regulation (FAR) and agency supplements, agencies are increasingly relying on the more flexible, but...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA Rejects Government’s Motion to Dismiss Despite Suspicion of Fraud

The Board’s jurisdiction attaches when the contracting officer renders a final decision or a deemed denial, and a later finding by the contracting officer that fraud is suspected will not deprive the Board of jurisdiction. ...more

PilieroMazza PLLC

GAO Clarifies Scope of Its Task Order Protest Jurisdiction

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On November 17, 2020, the Government Accountability Office (GAO) dismissed the post-award task order protest of U.S. Information Technologies Corporation (USIT) for lack of jurisdiction.  Task order protests related to...more

Obermayer Rebmann Maxwell & Hippel LLP

The “Negligent Negotiations” Theory of Recovery – Is it a Go or No Go at the Boards of Contract Appeal? Part 1

Attention contractors – there is a new theory of recovery to consider! …Or, is there? Truth is, it might depend on what agency you are doing business with, and where you bring your case....more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Changes the Game for Selling Single-API Drugs to the Government

Selling drugs to the Government just got a lot simpler. In Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020), the Federal Circuit opened the Government door to all drugs “manufactured”—that is, measured,...more

Sheppard Mullin Richter & Hampton LLP

What Does it Mean to Manufacture? Federal Circuit’s Acetris Decision Fundamentally Alters Trade Agreements Act Compliance

On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020). In Acetris, the Federal Circuit was asked to...more

Pillsbury Winthrop Shaw Pittman LLP

Court of Federal Claims Clarifies Limits of Task Order Protest Jurisdiction

Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract. The COFC generally is barred by statute from hearing bid protests in connection with the issuance of...more

Jones Day

The Global Spotlight on Labor Trafficking in Corporate Supply Chains -- Know Your Obligations

Jones Day on

Human trafficking is a global problem that is receiving the attention of legislators and law enforcement. Legislative efforts are focused largely on increasing corporate responsibility in the eradication of human trafficking....more

Holland & Knight LLP

FAR Council Publishes Rule on Raised Threshold for Task and Delivery Order Protests

Holland & Knight LLP on

On May 1, 2018, the Federal Acquisition Regulatory (FAR) Council published a final rule amending FAR 16.505(a)(10) to raise the minimum threshold for Government Accountability Office (GAO) protests of certain task and...more

Bradley Arant Boult Cummings LLP

Postal Service Contractor? Would-be Contractor? A Look inside the U.S. Postal Service Bid Protest Process

Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procurements by the U.S. Postal Service (USPS)....more

Bass, Berry & Sims PLC

Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces New Differences Between...

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On December 8, 2016, the Senate passed the National Defense Authorization Act (NDAA) of 2017 previously passed by the House, and the legislation is pending President Obama’s signature. Once signed, Section 835 of the NDAA...more

Baker Donelson

Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

Baker Donelson on

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more

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