Legal news and insights for the government contracts community.

Latest Developments


DOE Subcontractor Can’t Sue U.S. Under Research Agreement, COFC , Demodulation Inc. v. United States

The Court of Federal Claims dismissed a breach of contract claims brought by a subcontractor that accused the U.S. government of breach of contract, misappropriation of trade secrets, and patent infringement, finding that the company had no privity of contract…

Common knowledge about procurement protests more myth than fact

Ralph White — Managing Associate General Counsel for Procurement Law, GAO August 27, 2015 4:20 pm Download audio Procurement protests have a reputation for bogging down the Government Accountability Office with frivolous objections at rates that take weeks or…

Contractors Urge Withdrawal of “Fair Pay and Sage Workplaces” Rule

The ABA's Section of Public Contract law and contractor advocates have urged the Department of Labor and FAR Council to withdraw or revise regulations aimed at shoring up contractor's compliance with labor laws, saying that the proposed rules would significantly…

GSA makes awards for long-awaited agile BPA

After multiple delays and an unusual solicitation process, 18F has 16 vendors ready to start delivering agile services.

Court ruling leads to fears of FTC litigation on cybersecurity

Industry groups are worried that an appeals court ruling giving the Federal Trade Commission permission to sue for shoddy cybersecurity will result in overregulation.

Play Ball!: Forming Winning Project Delivery Teams

Last week, I once again had the pleasure of presenting at the Design-Build Institute of America’s Federal Project Delivery Symposium in Washington, DC.  I was joined on the panel by Reggie Jones (the Chair of Fox Rothschild’s Government Contracts practice)…

Army Corps Must Foot $3B Bill For Post-Katrina Project: Judge

The U.S. Army Corps of Engineers is on the hook for the entire $3 billion bill to restore wetlands surrounding the now-closed Mississippi River-Gulf Outlet Canal, a Louisiana federal judge ruled Thursday, lambasting the agency for delaying the "vital" ecosystem…

GAO-15-608, Next Generation Air Transportation System: Improved Risk Analysis Could Strengthen FAA’s Global Interoperability Efforts, July 29, 2015

What GAO Found Aviation industry stakeholders GAO interviewed described various factors that may affect the interoperability of the Next Generation Air Transportation System (NextGen)—a complex, long-term initiative to modernize the U.S. air-traffic management (ATM) system—with other countries' ATM modernization efforts.…

Barnes & Thornburg LLP seeks Associate for International Trade and Government Contracts

The Washington, D.C. office of Barnes & Thornburg LLP seeks an associate to work with the Firm’s growing International Trade and Government Contracts practice groups.  While all strong applicants are welcome, the ideal candidate would have experience (2 to 4…

Obama Administration Not Done With Executive Orders Aimed at Federal Contractors

In a recent interview with Bloomberg BNA’s Daily Labor Report, I discussed the recent deluge of Executive Orders targeting federal contractors, and the new regulations arising from those EOs (link to the article here).

The evolving competitive landscape

The past six months have set the stage for a significant competitive shift in the government technology solutions market, as companies adapt to changing procurement dynamics, budget priorities, and public valuation trends.

DoD Contractors Beware – New Network Penetration Reporting and Cloud Services Requirements Are Here

On August 26, 2015, the Department of Defense (“DoD”) issued an interim rule, effective immediately, that revises network security requirements applicable to DoD contractors and introduces new cloud computing provision that reflect current DoD policy. The interim rule, which implements…

Brian Friel: $92 billion in RFPs still to come this fiscal year (Audio)

Contractors have a busy rest of the summer. Requests for proposals now or about to be on the street will amount to $92 billion worth of future opportunities. That's according to analysis by Bloomberg Government. More than half of that…

US Military Is Replacing the Humvee with a Huge Truck that Looks Like an Angry Shark

Given the casualties caused by roadside bombs in Iraq and Afghanistan, the Pentagon has been fiending for a more robust, faster vehicle.

Pentagon funding new high-tech venture

NEWPORT BEACH, Calif. (AP) — Defense Secretary Ash Carter will announce Friday that the Pentagon is funding a new venture to develop cutting-edge electronics and sensors that can flex and stretch and could be built into clothing or the skins…

DOD White Paper: Enhancing the Effectiveness of Independent Research and Development

The Department of Defense has issued a new white paper further detailing its plan to oversee contractor independent research & development costs, fleshing out a plan first outlined in the DOD's Better Buying Power 3.0 initiative. Beginning in 2017, DoD will require contractors"to…

Department of Defense Issues Sweeping Interim Rule To Expand Cybersecurity Safeguarding Requirements, Reporting Obligations, and Cloud-Based Security

Wiley Rein - The U.S. Department of Defense (DOD) released yesterday an interim rule that imposes sweeping changes to DOD contractor cybersecurity and reporting requirements. The rule significantly expands the breadth and scope of the existing DFARS clause 252.204-7012, meaning…

DOD Issues Interim Rule Addressing New Requirements for Cyber Incidents and Cloud Computing Services

On August 26, 2015, the Department of Defense (DoD) issued an interim rule that imposes expanded obligations on defense contractors and subcontractors with regard to the protection of “covered defense information” and the reporting of cyber incidents occurring on unclassified information systems…