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Contracting
October 2019
Contractors Face New Reporting Requirements
By Jeff Bozman , Susan Cassidy and Samantha L. Clark -
September 2019
Lessons on Contractor Termination for Default
By Alex Sarria and Carl WiersumThe U.S. Court of Federal Claims recently overturned an agency’s decision to terminate a government contractor for default. The case serves as an important reminder that, when reviewing such a termination, the court gives little credence to the government’s subjective beliefs regarding the contractor’s ability to perform. -
July 2019
Changes in Treatment of Confidential Info
By Kevin T. Barnett , Peter Hutt II and Nooree LeeIn June, the Supreme Court significantly altered how government agencies will treat confidential commercial information protected from disclosure by Exemption 4 of the Freedom of Information Act (FOIA) — an issue that recurs repeatedly with respect to information submitted by contractors to government agencies. -
June 2019
How to Challenge a Bad Performance Rating
By Alex Sarria and Kevin T. BarnettWhile you might not be able to fight City Hall, you can fight a Contractor Performance Assessment Reporting System rating. -
May 2019
Changes in IP Rights May be on the Horizon
By Bryan Byrd , Alex Hastings , Jennifer Plitsch and Carl WiersumRecent findings by the National Institute of Standards and Technology could limit the scope of U.S. government rights to intellectual property, to the benefit of contractors. -
May 2019
Keep an Eye on Internet of Things Legislation
By Susan Cassidy , Micha Nandaraj Gallo and Katharine GoodloeA new bill introduced by Congress would require the development of detailed policy guidance that, if adopted, could significantly boost cybersecurity enhancements for the internet of things. -
April 2019
IG Report Has Implications for Contractors
By Ryan Burnette , Susan Cassidy and Michael WagnerOn Feb. 25, the Defense Department’s Office of Inspector General issued an audit report analyzing the prices of spare aviation parts purchased by the government from TransDigm Group Inc. The report has important implications for contractors doing business with the Pentagon. -
March 2019
Debate Over Qui Tam Constitutionality Resumes
By Herb Fenster , Peter Hutt II and Carl WiersumThe motivating force behind the False Claims Act is its provision for qui tam enforcement, which authorizes private parties to initiate FCA cases on behalf of the United States. -
January 2019
Readying Security Plans for Evaluation
By Ian Brekke and Susan CassidyThe Defense Department recently issued final guidance for requiring activities to assess contractors’ system security plans and their implementation of the security controls in National Institute of Standards and Technology Special Publication 800-171. -
January 2019
Courts Split on False Claims Act Deadlines
By Andrew Guy , Peter Hutt II and Michael WagnerWhen does a private party need to file a qui tam action under the False Claims Act? Such a seemingly simple question has resulted in three different answers from six different courts.
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