Government Contracts & Investigations

Challenging an Agency’s Determination of Urgent and Compelling Need Can be an Uphill Battle

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Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available based on the urgency of requirements or other grounds. Unfortunately, as the recent Government Accountability Office (GAO) decision in Summit Technologies, Inc., B-419126;Read More

Topics: Bid Protests and the Contracting Process

EO Addressing Threat from Securities Investments in Chinese Military Companies

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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 aroundRead More

Topics: Supply Chain Risk Management

DOJ Warns Against Travelling with Sensitive Information in Contravention of Export Controls

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On November 18, 2020, the Department of Justice (DOJ) announced that a Chinese national and naturalized citizen of the United States was sentenced to 38 months in prison for travelling to China with unclassified military-related technical information. Wei Sun was employed as an electrical engineer with Raytheon Missiles and Defense for ten years. During thisRead More

Topics: Export Controls, Sanctions and CFIUS

The ABA’s 2020 Public Procurement Symposium

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The American Bar Association Public Contract Law Section (PCLS) will be hosting the 2020 Public Procurement Symposium from Wednesday, November 18 to Friday, November 20, 2020. This virtual Symposium will feature industry leaders covering a wide range of hot topics in government contracting, including impacts of COVID-19 on federal contracting, investigations and enforcement matters inRead More

Topics: Acquisition Reform and Emerging Issues

How Late Is Too Late to File a Claim?

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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 1:20-cv-01447-MHS,Read More

Topics: Claims and Disputes