Pre-award protests can be tricky. The U.S. Government Accountability Office (“GAO”) has jurisdiction to hear timely bid protests by interested parties regarding violations of procurement law or regulation. Under GAO rules, a pre-award protest challenging improprieties in a solicitation must be filed before the closing time for receipt of initial proposals or quotations. All other
Happy New Year!
The New Year is fast approaching, and this week the Consolidated Appropriations Act, 2021, was signed into law. The Act includes appropriations provisions for the Executive branch agencies, including the Departments of Defense, Agriculture, Commerce, Justice, Energy, Interior, Labor, Health and Human Services, State, Treasury, the General Services Administration, and more, as well as the
A Case for Protecting Data Rights – The Boeing Co. v. Secretary of the Air Force
The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government contract in order to protect it from unauthorized use, release or disclosure by both the Government and third parties.. The
EO Addressing Threat from Securities Investments in Chinese Military Companies
As a preface to this blog, I recently gave a presentation with Nate Picarsic and Emily de la Bruyere at the American Bar Association Public Contract Law Section Fall Procurement Symposium on “China’s Military-Civil Fusion Strategy Supply Chain Implications.” China’s Military-Civil Fusion strategy poses increasing threats to our defense supply chain. Countries and entities around
How Late Is Too Late to File a Claim?
The Contract Disputes Act (CDA) governs claims under FAR-based Government contracts. More than forty years after its enactment in 1978, we are apparently still not all in agreement as to when the time for filing a claim has lapsed. On October 23, 2020, the complaint in Northrop Grumman Corp. (NGC) v. United States, Case