GAO Issues Report on Agency Response to Migration of Unaccompanied Children...
The Government Accountability Office (“GAO”) recently published a report regarding the increased migration of unaccompanied alien children from El Salvador, Guatemala, and Honduras. The report focused...
View ArticleCOFC: Contractor Stuck With Bill For Substantially Higher Than Expected Costs...
A recent Court of Federal Claims decision serves as a reminder to contractors of the perils of firm-fixed-price contracts in unpredictable environments. The case, Agility Defense & Government...
View ArticleNo Money for Nothing — Eighth Circuit Limits Relators’ Ability to Recover a...
Following an 8-2 en banc decision issued by the United States Court of Appeals for the Eighth Circuit earlier this month, potential relators may think twice before bringing their False Claims Act...
View ArticleDoD Issues Final Rule Addressing Exclusion of Contractors that Present Supply...
On October 30, 2015, the Department of Defense (“DoD” or the “Department”) issued a Final Rule amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) and clarifying the scope of the...
View ArticleDoD Finalizes Rule Expanding Contractor Rights in Technical Data
DoD has issued a Final Rule that gives added protections to the technical data of privately developed commercial items incorporated into major systems, including major weapon systems. This rule...
View ArticleWhen does a contract release release a claim? A classic contract tongue twister.
You are reviewing a contract modification and notice a paragraph titled “Release of Claims.” Do you know what claims will be released by this language? Or worse, the contracting officer just issued a...
View ArticleA self-effectuating deemed release of claims? Say it ain’t so.
A few weeks ago, we provided a few tips for negotiating and assessing a release contained in a contract modification, and discussed why the Civilian Board of Contract Appeals (CBCA) found that a global...
View ArticleKey Takeaways From Recent Decisions Discussing Release Of Claims Provisions
Over the last few months, we’ve reported on various government contracts decisions that illustrate the impact a release of claims provision can have on contractors. A few weeks ago, we published a...
View ArticleIf Shulkin Didn’t Resign, Who Runs the VA Until a New Secretary Is Confirmed?...
Recent news reports have raised a substantial question about who has authority to run the Department of Veterans Affairs (“VA”) in the wake of Dr. David Shulkin’s departure from the agency. According...
View ArticleFraudulent SAM Accounts Lead to More Complicated SAM Registration Requirements
GSA recently announced it is supporting an Inspector General investigation into alleged, third-party fraudulent activity in the System for Award Management (“SAM”). The GSA announcement suggests that...
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Draft DoD Guidance on SSPs and NIST SP 800-171 – Impact on Bid Protests and...
On April 24, 2018, the Department of Defense (DoD) issued a Notice and Request for Comment on draft guidance that DoD proposes for assessing contractors’ System Security Plans (SSPs) and their...
View ArticleIn Archimedes Bid Protest, Government Contractor Takes on Herculean Task of...
Earlier this month, the Government Accountability Office (“GAO”) sustained a bid protest challenging the agency’s decision to exclude the protester from consideration based on a potential...
View ArticleCan I Recover the Added Costs of Work Caused by COVID-19?
As the fallout from COVID-19 continues, federal contractors in every industry are seeing significant impacts on their ability to perform, ranging from scheduling delays to supply chain interruptions...
View ArticleFEMA Continues to Push Defense Production Act Authority On Several Fronts
Two notices recently published in the Federal Register indicate the Federal Emergency Management Agency (“FEMA”) intends to exercise Defense Production Act (“DPA”) authority in novel ways during the...
View ArticleWith Potential New TINA Audits on the Horizon, the ASBCA Provides a Helpful...
Late last year, a spokesman for the Department of Defense announced without fanfare that the agency would increase audits of certified cost or pricing data under the Truth in Negotiations Act (“TINA”)....
View ArticlePaycheck Protection Program Expands and Offers Opportunity for Second Draw Loans
On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act opened up the Paycheck Protection Program (“PPP”) to additional organizations and authorized a second...
View ArticleContractors Have an Opportunity to Help Shape ESG Requirements
Addressing climate change has been a priority for President Biden since his first day in office. On December 8, 2021, President Biden continued that focus by issuing Executive Order (EO) 14057,...
View ArticleDoD Releases Updated CMMC Program Documentation
The Department of Defense (DoD) released key documentation relating to Cybersecurity Maturity Model Certification (CMMC) 2.0 over the past several weeks, including (1) a CMMC 2.0 Model Overview...
View ArticleDecember 2021 Developments Under President Biden’s Cybersecurity Executive Order
This is the eighth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The...
View ArticleCOVID-19 Vaccine Mandate Update: Arizona District Court Issues Additional...
As discussed in our previous post, multiple federal courts have issued preliminary injunctions blocking the Biden Administration’s COVID-19 vaccine mandate for employees of federal contractors. On...
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