In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, after finding the government’s position was not substantially justified. The EAJA is a usefulRead More
Category: Claims and Disputes
U.S. Government Issues Alert Regarding Critical Windows 10 Update – Are You Entitled To Compensation?
Earlier this month, the National Security Agency (NSA) discovered a serious security flaw in Microsoft Windows 10 cryptographic functionality, CVE-2020-0601.That security flaw could render trust certifications used to authenticate sources in communications and files vulnerable to spoofing or attack. As the NSA Cybersecurity Advisory notes, “[e]xploitation of the vulnerability allows attackers to defeat trusted networkRead More
No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final Decision”
In Hejran Hejrat Co. LTD, v. United States Army Corps of Engineers, No. 2018-2206, 2019 WL 3210172 (Fed. Cir. July 17, 2019), the United States Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals (“ASBCA”) decision dismissing the contractor’s claim for lack of jurisdiction. The ASBCA based its dismissalRead More
In order to operate, maintain, and modernize the National Airspace System (NAS), the Federal Aviation Administration (FAA) relies on an expansive portfolio of capital assets. Acquisition plays a key role in supporting FAA’s mission to operate the NAS and modernize air traffic control through implementation of the Next Generation Air Transportation System (NextGen). The NextGenRead More
As most federal government contractors know, the False Claims Act (“FCA”), 31 U.S.C. §§ 3729–33, can be a trap for the unscrupulous. The penalties associated with FCA violations can be steep, and the myriad other consequences (including debarment) can create an existential crisis. Government contractors would do well to pay attention to the FCA’s latest developments.Read More