Courts, Boards, & GAO

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Who Needs Privity? Subcontractor Survives Jurisdictional Challenge Through Prime Sponsorship of Its Claim • GAO Reaffirms that Proposals Without a Realistic Chance of Award Do Not Belong in the Competitive Range • Protests are Starting to Test the Limits of Procurement Speed • A Judge Ruled that SBA Mishandled the ATI Case. But the Company Remains Suspended. • Anthropic and Iran – the Government Contracting State of Play

OMB Should Clarify Plan To Pay Contractors’ COVID- 19 Costs

Nichols Liu - In Pernix Serka Joint Venture v. Department of State, the Civilian Board of Contract Appeals recently sided with the government in refusing to pay contractor costs caused by the Ebola epidemic. This case, combined with the noncommittal positions taken by the U.S. Office of Management and Budget and various agencies, raises the risk that contractors and nongovernmental organizations, or NGOs, will be unable to recover costs related to the COVID- 19 pandemic.

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