This blog post was co-authored by Sandy Hoe, Jay Carey and Justin Ganderson. Those following this blog likely are aware of recent COFC bid protest decisions on the subject of insourcing. Most recently in September, we reported on the COFC’s Elmendorf II decision, where Judge Bruggink held that a contractor had lost its standing to protest after… Continue Reading
Monthly Archives: December 2012
Will the Federal Circuit Get Another Shot at Clarifying the Duty to Cooperate?
Posted in Federal Circuit DecisionsToday, Beth Ferrell and Justin Ganderson published an excellent article in Law360 about the Federal Circuit’s recent Scott Timber II decision and the contractor’s combined petition for panel rehearing and rehearing en banc. Their article explores the potential impact of Scott Timber II on the longstanding government contracting principle: the duty to cooperate. Prior to the… Continue Reading
CBCA Confirms Distinction Between Contractor Claims of Lack of Good Faith and Bad Faith on the Part of Government Personnel
Posted in UncategorizedThis blog post was authored by Tyson Bareis. In November, the Civilian Board of Contract Appeals issued two decisions reiterating that contractor allegations of a government breach of the covenant of good faith and fair dealing, which is inherent in every contract, differ from allegations of bad faith. See Jane Mobley Associates, Inc., CBCA 2878… Continue Reading
Annual Government Contracts Year In Review Conference is this week in Long Beach, CA
Posted in Claims & Disputes, Legislative & RegulatoryLater this week I’ll be joining three of my MLA Partners, Jay Gallagher, Jim Schweiter and Gail Zirkelbach at this year’s Western Briefing Conference hosted by Thomson Reuters. As part of that effort, Jay will be moderating the two-day event; Gail and I will present on Contract Performance Problems; and Jim will discuss the most… Continue Reading
NDAA Amendment Would Mandate Reporting to DOD of Penetration of Contractor Networks and Information Systems
Posted in Cybersecurity, Legislative & Regulatory, Security ClearanceThis blog post was written by Elizabeth Ferrell and Erin Sheppard. Last week, Senator Carl Levin (D-MI), Chairman of the Senate Armed Services Committee, introduced an amendment to the FY 2013 National Defense Authorization Act (NDAA), which would require the DoD to establish a process by which cleared defense contractors must report when the contractor’s… Continue Reading