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   Labor Update

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

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

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

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

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

On August 9, 2019, the National Institute of Standards and Technology (NIST) released “U.S. Leadership in AI: A Plan for Federal Engagement in Developing Technical Standards and Related Tools” (the Plan) in response to Executive Order 13859 (EO), as reported on here. In accordance with the EO, the Plan outlines the following