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Articles Posted in Government Contracts

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GAO Upholds Agency Disqualification of Proposal Submitted During Pendency of Contract Novation Request

Yesterday, our colleagues Travis Mullaney and Meghan Doherty published their Client Alert titled Government Contract Acquisitions and the Pending Proposal Problem. Their Alert discusses the U.S. Government Accountability Office’s (GAO) decision in Wyle Laboratories, Inc., a decision raising significant questions as to the viability of proposals that are submitted before or…

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Ninth Circuit Affirms Grant of Summary Judgment to DHS in Executive Order 13767-Related Litigation

On February 11, the U.S. Court of Appeals for the Ninth Circuit affirmed the District Court’s decision to grant a motion for summary judgment disposing of a complaint that the decision of the Secretary of Homeland Security (DHS) to expedite construction of border barriers in the San Diego and Calexico, CA border…

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The Proposed House Green New Deal Resolution

A Resolution has been proposed to the House for consideration that would recognize the Federal Government’s duty “to create a Green New Deal.”  It sets forth a very ambitious 10-year program to mobilize and transform every aspect of American life to combat the threats of climate change by transitioning to an economy…

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“Buy American” Executive Order Expands Potential Reach to Private Recipients of Federal Assistance

President Trump signed an Executive Order yesterday January 31, calling on executive branch departments and agencies to encourage recipients of defined types of new federal awards to use cement, iron, steel, aluminum and certain manufactured products produced in the United States. The order builds on prior authority (Executive Order 13788 (April…

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Changes to Small Business Runway Extension Act of 2018

In case you missed it, on January 7, Pillsbury attorneys David Dixon, Dick Oliver, and Toghrul Shukurlu published their Client Alert titled Small Business Holiday Gift: Change to Small Business Act May Affect Size Status for Many Service Providers. Takeaways from their Client Alert include: The Small Business Runway Extension…

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Cooperation and Collaboration With Government May Be on the Horizon

In Is the Pendulum Swinging on Agency and Government Contractor Cooperation?, Pillsbury attorneys Mike Rizzo, Glenn Sweatt and Kevin Massoudi discuss comments from the Department of Defense as well as recent good faith and fair dealing court decisions that point to and encourage improved contractor/government relationships. Their key takeaways include Government…

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Contractors Should Be Optimistic that the Best Value Tradeoff Process Will Be Employed by Civilian Agencies

In The Fiscal Year 2019 NDAA Imposes Government-Wide Limitations on the Use of Lowest-Price Technically Acceptable Procurements, Pillsbury attorneys Dick Oliver and Aaron Ralph are optimistic that contractors will soon have additional legal authority to demonstrate to civilian agencies that a best value tradeoff process should be employed. Congress’ trend…

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Ninth Circuit Analyzes Implied False Certification Standard Under Escobar

On August 24, the U.S. Court of Appeals for the Ninth Circuit, in U.S. ex rel. Scott Rose, et al., v. Stephens Inst., dba Acad. of Art Univ., affirmed the U.S. District Court for the Northern District of California’s order denying the defendant’s motion for summary judgment in a qui…

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World War II Government Procurement Contracts and CERCLA Liability

The U.S. Court of Appeals for the Federal Circuit’s July 18 ruling, in Shell Oil Company, et al., v. U.S., may have brought to an end a long-running dispute over the impact on World War II government procurement contracts on the liability of major oil companies for the remediation costs at…

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SIGAR Report Finds +$15 Billion in “Waste, Fraud and Abuse” in Afghanistan

Today, our colleagues Glenn Sweatt and Kevin Massoudi published their Client Alert on a recently issued Special Inspector General for Afghanistan Reconstruction (SIGAR) Report that finds over $15 billion in waste, fraud and abuse. In New SIGAR Report Identifies “Waste, Fraud and Abuse” in Afghanistan, our colleagues identify key takeaways…