The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), passed by Congress today, offers relief specifically targeted to federal contractors whose employees (1) cannot perform work on a “site that has been approved by the Federal Government ” during the COVID-19 public health emergency due to facility closures or other restrictions and (2) cannot
Please Join Us for a Government Contracts Webinar: Coronavirus & Contracting: Preserving Your Rights and Navigating Evolving Obstacles of Delays, Changes, Stop Work, and Terminations, While Supporting Government Operations, During the COVID-19 Pandemic
The COVID-19 Pandemic continues to cause disruptions across nearly all industrial sectors, including the government contracting industry. As contractors attempt to respond to challenges in providing support to government customers, meeting contract and staffing requirements, and adhering to contract terms and a flurry of new federal, state and local directives, companies should be aware of
Silence = Acquiescence: Government Stuck with Contractor’s Interpretation that was Provided with its Proposal
On February 7, 2020, the ASBCA sustained the appeal of Command Languages, Inc. d/b/a CLI Solutions (CLI) against the Army over increased costs to translate technical manuals. CLI contracted with the Army to translate advanced level armored vehicle maintenance manuals for use by the Afghanistan Army. The advanced level manuals included tasks from basic level
Please Join Us for a Government Contracts Classroom Webinar: Navigating an Evolving Supply Chain Landscape in the Face of the Coronavirus Pandemic
The Coronavirus Pandemic continues to cause disruptions and highlight vulnerabilities in supply chains across nearly all industrial sectors. As businesses attempt to respond to challenges in obtaining parts and supplies, meeting contract supply and staffing requirements, and adhering to CDC recommendations, companies should be aware of how to minimize disruptions, preserve their rights, and avoid
The JAIC Rolls Out DoD’s Ethical Principles for Artificial Intelligence
On February 24, 2020, following Secretary of Defense Mark Esper’s call on the private sector to work with the Department of Defense (DoD) to develop principles for using Artificial Intelligence (AI) in a “lawful and ethical manner,” (as we previously reported on here), the DoD announced its adoption of ethical principles for AI. The
Contractor Recovers Increased Costs from a Collective Bargaining Agreement Executed After an Option Period is Exercised
In Alutiiq Commercial Enterprise, LLC (Jan. 9, 2020), the Armed Services Board of Contract Appeals held that a contractor is entitled to an equitable adjustment under the Service Contract Act Price Adjustment Clause, FAR 52.222-43, for increased labor costs associated with a new Collective Bargaining Agreement executed after an
The Government Contractor Coronavirus (COVID-19) Preparedness Toolkit
With the coronavirus disrupting business in parts of Asia and with increasing impacts in the United States, government contractors should prepare for the potential issues that may result if the virus spreads across the United States and across other countries where U.S. government contracts are performed. In addition to being proactive and mindful of health
No Recovery Under EAJA for Employee’s Costs Working on an Appeal
In GSI & Whitesell-Green JV (Jan. 30, 2020), the Armed Services Board of Contract Appeals denied a contractor’s request for Equal Access to Justice Act fees that reflected its employees’ costs of supporting the entitlement appeal. The Board rejected the contractor’s argument that its employees’ costs were similar to attorney’s fees finding support in Fanning
Application of the Spearin Doctrine Entitles Contractor to Recover FCA Litigation Costs
In Tolliver Group, Inc v. U.S. (Jan. 22, 2020), the Court of Federal Claims granted summary judgment in favor of a contractor who sought reimbursement of legal fees incurred in successfully defending against a False Claims Act (FCA) suit filed by a relator. The qui tam action arose from a defect in the original contract—the
Protecting Work Product: When the Threat of Litigation Is Too Remote for Privilege
In Ingham Regional Medical Center v. U.S. (Jan. 6, 2020), the Court of Federal Claims compelled production of certain government investigatory documents that the Court found were not privileged work product prepared “in anticipation of litigation.” The Medical Center sued to recover payments for outpatient healthcare services performed in connection with DoD’s TRICARE program