Wednesday, December 2, 2020

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Fifth Circuit Rules on Extraterritoriality of ATS Claims, Creating Circuit Split

In a recent decision in Adhikari v. Kellogg Brown & Root, Inc., the U.S. Court of Appeals for the Fifth Circuit held that claims asserted against a U.S. defense contractor for injuries incurred in Iraq were not cognizable under the Alien Tort Statute. The court held that the presumption against extraterritorial application of a statute […]
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Cyber 2016 Year in Review with Aron Beezley of Bradley Arant Boult Cummings

PubKLaw was pleased to meet recently with Aron Beezley, an attorney with Bradley Arant Boult Cummings LLP, to discuss how cybersecurity issues affected bid protests in 2016.Q: In 2016, did we see cybersecurity issues crop up in relation to more bid protests than in previous years? A: Yes. In 2016, approximately sixteen published Government Accountability Office […]
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Critical GAO Bid Protest Deadlines and Timeline

In this blog post, Blank Rome attorneys Merle DeLancey and Lyndsay Gorton provide a timeline on GAO bid protest deadlines, including timeliness requirements for both pre- and post-award protests. Important considerations include whether a protester seeks an automatic stay of performance, if required debriefings have been held, and whether the award at issue is a […]
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Steptoe & Johnson Update Government Contractor Supply Chain Toolkit

Steptoe & Johnson have released the second edition of its Government Contractor Supply Chain Toolkit. Version 2.0 of the Toolkit provides an update on various federal rules and developments affecting federal contractors and subcontractors, including newly issued employment requirements, major cybersecurity requirements, new rules on human trafficking, counterfeit parts, subcontracting limitations for small business set-asides, […]
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National Defense Authorization Act for Fiscal Year 2017 Implements Numerous Acquisition Reform Measures

The FY2017 National Defense Authorization Act included 88 provisions related to Department of Defense acquisition policy and management. Most require DoD to issue implementing regulations, bus some are effective immediately. Notable provisions establish a preference for fixed-price contracts, promote commercial item purchases, and direct contractors to report their bid and proposal expenses separately from their […]
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Time for School: Surprise Rule Requires Privacy Training

A new final rule requires prime and subcontractors to provide privacy training to any employees with access to personally identifiable information. Effective January 19, the rule is intended to strengthen privacy protections, but will require contractors to act quickly to implement the training and work with their subcontractors to flow down the requirement. The new […]
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Government Auction Bidders Beware: CBCA Denies Relief to Bidder Whose Bid Price was Driven...

In a recent decision, the Civilian Board of Contract Appeals denied a claim for increased costs in relation to a federal auction in which the agency allowed ineligible buyers to bid. In this case, the appellant bid against a single ineligible bidder in a General Services Administration auction, resulting in higher final bid cost than […]
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2017 NDAA Establishes Preference For DoD Fixed-Price Contracts

The 2017 National Defense Authorization Act creates a preference for the Department of Defense to use fixed price contracts and requires programs to obtain executive approval of cost-reimbursement procedures for certain high-value acquisitions. Within 180 days for the bill’s enactment, DoD must amend the DFARS to establish a preference for fixed-price contracts, including fixed-price incentive […]
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Dentons Urges Court to Permit Contractor Recovery of Increased Multiemployer Pension Withdrawal Costs Under...

Members of Dentons’ US Government Contracts practice have filed an amicus brief on behalf of the Professional Services Council brief with the US Court of Appeals for the Federal Circuit in Call Henry, Inc. v. United States. At issue in Call Henry is whether the Service Contract Act and its implementing regulations entitle a contractor […]
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2017 NDAA Creates Pilot Program for Subcontractors To Receive Past Performance Ratings

The 2017 National Defense Authorization Act creates a new pilot program that will allow first-tier subcontractors to request past performance ratings from the government. Subcontractors will be able to provide a suggested rating, but will have to justify its rating in a written report. The application will then be reviewed by the agency Office of […]
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