Moshe Broder at Jenner & Block

Client Alert: Department of Defense Marches Forward with CMMC Requirements in Proposed Rule

On August 15, 2024, the Department of Defense (DoD) issued a proposed rule to incorporate contractual requirements related to the proposed Cybersecurity Maturity Model Certification (CMMC) 2.0 program. While...more

9/6/2024 / Cybersecurity , Cybersecurity Maturity Model Certification (CMMC) , Department of Defense (DOD) , DFARS , Proposed Rules

Government Contracts Legal Round-Up – 2024 Issue 13

Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the...more

8/7/2024 / Bid Protests , Buy American Act , Court of Federal Claims , Department of Defense (DOD) , Environmental Protection Agency (EPA) , Federal Contractors , GAO , General Services Administration (GSA) , Procurement Guidelines

Government Contracts Legal Round-Up – 2024 Issue 12

Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more

7/16/2024 / Bid Protests , Centers for Medicare & Medicaid Services (CMS) , Commercial Litigation , Contract Disputes , Contract Disputes Act , Court of Federal Claims , Federal Acquisition Regulations (FAR) , Federal Contractors , Federal Procurement Systems , Food and Drug Administration (FDA) , GAO , Procurement Guidelines , SBA , Small Business , Technology

Government Contracts Legal Round-Up – 2024 Issue 11

Claims Update - Peraton, Inc. v. United States, No. 23-1539 Fed. Cl. (May 10, 2024) - The Court of Federal Claims rejected the government’s motion to dismiss a contractor’s claims alleging breach of an end-user software...more

6/25/2024 / Bid Protests , Court of Federal Claims , EDWOSB , EULA , Federal Contractors , Federal Procurement Systems , GAO , Procurement Guidelines , Regulatory Agenda , SBA , Small Business , Women-Owned Businesses , WOSB

Government Contracts Legal Round-Up – 2024 Issue 10

Federal Circuit Docket - Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) - In a highly anticipated bid protest opinion, a divided merits panel of Federal Circuit judges reversed the Court of...more

6/12/2024 / Bid Protests , Commercial Litigation , Contract Disputes , Contract Disputes Act , Court of Federal Claims , EDWOSB , Federal Contractors , Federal Procurement Systems , GAO , Procurement Guidelines , SBA , Small Business , WOSB

Government Contracts Legal Round-Up – 2024 Issue 9

Semiconductor Supply Chain Update - FAR Council Released Advance Notice of Proposed Rulemaking - Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking...more

5/4/2024 / Advanced Notice of Proposed Rulemaking (ANPRM) , Bid Protests , Bid Solicitation , China , Commercial Litigation , Cybersecurity , DFARS , Federal Acquisition Regulations (FAR) , Federal Contractors , General Services Administration (GSA) , National Security , Semiconductors , Supply Chain

Government Contracts Legal Round-Up – 2024 Issue 8

Claims Update - CLogic LLC v. United States, No. 23-6 L, Fed. Cl. (March 21, 2024) The Court of Federal Claims issued what appears to be its first opinion involving a performance dispute under a DoD prototype Other...more

4/5/2024 / Bid Protests , Court of Federal Claims , Department of Defense (DOD) , Federal Contractors , Federal Procurement Systems , GAO

Government Contracts Legal Round-Up – 2024 Issue 7

Claims Updates - Yerington Paiute Tribe v. Department of the Interior, CBCA 7818-ISDA (February 1, 2024) The Civilian Board of Contract Appeals affirmed that the Contract Dispute Act’s (CDA) 90-day timeliness deadline...more

4/4/2024 / Bid Protests , Commercial Litigation , Contract Disputes , Court of Federal Claims , False Claims Act (FCA) , Federal Contractors , Federal Procurement Systems , GAO , Procurement Guidelines

Client Alert: Fifth Circuit Holds It Lacks Subject Matter Jurisdiction to Review False Claims Act Retaliation Claim by Former...

In a case that underscores the judiciary’s deference to the executive branch’s broad power to protect national security and control access to classified information, a three-judge panel of the US Court of Appeals for the...more

3/21/2024 / Appeals , False Claims Act (FCA) , Federal Contractors , Former Employee , Retaliation , Subject Matter Jurisdiction

Government Contracts Legal Round-Up – 2024 Issue 6

Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more

3/6/2024 / Appeals , Bid Protests , Board of Contract Appeals , CBCA , Contract Disputes , Dismissals , False Claims Act (FCA) , Federal Acquisition Regulations (FAR) , Federal Contractors , Federal Procurement Systems , GAO

Government Contracts Legal Round-Up – 2024 Issue 5

False Claims Act Update - The Department of Justice reported sharply increased False Claims Act recoveries for government fiscal year 2023. Settlements and judgements dramatically increased from the fiscal year 2022...more

3/4/2024 / Bid Protests , Board of Contract Appeals , CBCA , Department of Justice (DOJ) , False Claims Act (FCA) , Federal Contractors , General Services Administration (GSA) , Investigations , Patent Litigation , USPTO

Government Contracts Legal Round-Up – 2024 Issue 4

Court of Federal Claims Bid Protest Update - Netcentrics Corporation v. United States and Rockwell Collins, Inc. v. United States - Two recent Court of Federal Claims decisions reaffirm that the Court will meaningfully...more

2/4/2024 / Bid Proposals , Bid Protests , Bid Solicitation , Court of Federal Claims , Federal Contractors , GAO