Government Contracts & Investigations

Category: Claims and Disputes

FAR Class Deviations Being Issued to Implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors

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On September 30, 2021, the Civilian Agency Acquisition Council (CAAC) issued a formal Class Deviation from the Federal Acquisition Regulation (FAR), to implement rollout of the President’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors.  The CAAC Class Deviation provides for inclusion of the following clause in all covered procurements: 52.223-99 ENSURINGRead More

Topics: Claims and Disputes, Statutes and Regulations

So … Where Is The Money – We’ve Seen This Movie Before But The Stakes Are High

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Last year at this time, we reported on the prospect of a partial government shutdown due to Congress’s failure to enact appropriations legislation to fund all aspects of the government for Fiscal Year (FY) 2021. In that case, the bill was passed and life continued. This year the stakes are higher. Though Congress started early,Read More

Topics: Claims and Disputes, Government Contracts, Statutes and Regulations

A Case for Protecting Data Rights – The Boeing Co. v. Secretary of the Air Force

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The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government contract in order to protect it from unauthorized use, release or disclosure by both the Government and third parties.. TheRead More

Topics: Claims and Disputes

Contractors Should Not Leave Money on the Table: The Federal Circuit Clears the Way for Boeing to Use the Tucker Act to Sue DoD for “Illegal Exaction” in Connection with Contract Costs

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In these unprecedented, economically-challenging times for the aviation industry, it is especially important that airlines, manufacturers and other industry stakeholders have an accessible avenue open to them for pursuing reimbursement claims against the federal government arising out of government contracts. In a decision handed down last August, Boeing Co. managed to reverse its fortunes andRead More

Topics: Aviation, Claims and Disputes

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