Government Contracts & Investigations

Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them


When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency to regroup and remedy one or more perceived problems with the subject procurement. DespiteRead More

Topics: Bid Protests and the Contracting Process, Small Business / Socioeconomic Issues

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions


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

Topics: Claims and Disputes, Contract Administration

Knowledge is Power . . . If You Know How to Use It


Discussions with an agency prior to submitting a final proposal can lead to a more well-informed submission by an offeror; however, such is not always the case. The Government Accountability Office (GAO) decision in Quality Control International, LLC (QCI), B-417984 (December 20, 2019) provides guidance as to how offerors should rely on information supplied byRead More

Topics: Bid Protests and the Contracting Process

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

Topics: Claims and Disputes, Contract Administration, Cyber, Data Security, and Privacy