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Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 6

Jenner & Block on

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

Lewis Roca

Court Finds Contractor’s Terms and Conditions Incorporated by Reference into GSA Schedule Contract

Lewis Roca on

A contractor’s own terms and conditions infrequently appear in procurement contracts with the federal government. For the most part these contracts are “take it or leave it” propositions with the agency’s own terms and...more

Obermayer Rebmann Maxwell & Hippel LLP

Commercial Item Contracts and Constructive Changes: When Your Shield Becomes Their Sword

Commercial vendors who might otherwise be unwilling to take on the regulatory burdens of federal procurement have nevertheless been attracted to Federal contracting by the protections offered by Federal Acquisition Regulation...more

Obermayer Rebmann Maxwell & Hippel LLP

The “Negligent Negotiations” Theory of Recovery – Is it a Go or No Go at the Boards of Contract Appeal? Part 2

Attention contractors – have you heard about “negligent negotiations”? A trio of interesting – but arguably contradictory – Board of Contract Appeals decisions addressing this theory of recovery have opened up potential new...more

Williams Mullen

When the Federal Govt acts badly, but not badly enough to show bad faith – what’s a contractor to do?

Williams Mullen on

In the prior issue of this newsletter, we included an article on the high standard of proof and the practical considerations for a federal government contractor claiming that the federal government acted in bad faith in its...more

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