On June 20, 2018, the U.S. Court of Appeals for the Fourth Circuit decided the case of In re: KBR, Inc. Burn Pit Litigation, affirming the ruling of the U.S. District Court for the District of Maryland that the “political question” doctrine bars the plaintiff servicemembers’ personal injury lawsuits against Kellogg…
Recently, our colleague Glenn Sweatt published their Client Alert titled DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan, Recently published regulation implements the FY17 NDAA to prohibit use of funds for DoD construction and infrastructure programs and projects in Afghanistan that cannot be safely accessed by U.S. Government personnel.…
Today, our colleagues Dick Oliver and Glenn Sweat published their Client Alert titled New Proposed DoD Cyber Guidance May Fuel Bid Protest Docket, Newly published draft DoD Guidance for Reviewing System Security Plans (SSP) and the “NIST SP 800-171 Security Requirements Not Yet Implemented” answer some questions but may also…
Today, our colleague Dick Oliver posted his Alert titled Changes Imminent for GAO Bid Protests. Takeaways include: The Government Accountability Office’s (GAO) recently issued final rule implements a formal electronic filing system and imposed a one-time, nominal filing fee; Other changes clarify ambiguities or conflicts in the prior regulations; and Changes take…
Today, our colleagues John Jensen, Dick Oliver and David Dixon published their Alert titled Defenders of the Debriefing, New DoD rules enhance contractors’ post-award debriefing rights. Takeaways include: New rules for all Department of Defense (DoD) agencies expand offerors’ rights in connection with post-award debriefings in federal procurements. Offerors now have 2 business days…
The Office of Federal Contract Compliance Programs (OFCCP) has issued its Directive (DIR) 2018-01 as part of ongoing efforts to increase transparency of preliminary findings with federal contractors, and to achieve consistency across regional and district offices, standardizing the use of Predetermination Notices (PDN). A PDN is a letter that OFCCP…
Our colleague John Jensen recently published his Alert titled Proposals Should Carefully Address Pending Corporate Deals Lockheed Martin’s recent success in overcoming GAO protests shows that fully explaining a transaction in the works can be a key proposal element. In the Alert, John discusses the U.S. Government Accountability Office’s (GAO) recently…
On February 26, the U.S. District Court for the District of Columbia dismissed, for lack of jurisdiction, a challenge to the President’s Executive Order 13771, and two guidance documents issued by the Office of Management and Budget (OMB) that instruct the affected federal agencies on how to administer EO 13771.…
Recently, the Trump Administration released a 53-page Legislative Outline for Rebuilding Infrastructure in America of legislative proposals to rebuild American infrastructure, which it defines as surface transportation, airports, passenger rail, ports and waterways, flood control, water supply, hydropower, water resources drinking water and waste water facilities, storm water facilities, and surprisingly, Brownfield…
Today, our colleagues Michael Rizzo, Glenn Sweat and John Jensen published their Alert titled The 2018 Government Shutdown – How Can Contractors Preserve Rights? Takeways from the Alert include: Communicate with your Contracting Officers early and often regarding approvals and responses to inquiries. Analyze current contracts. Assess contract funding levels,…