The Government Contracts Legal Round-Up

In this episode of the Government Contracts Legal Round-Up, Partner David Robbins explains how two recent Court of Federal Claims decisions reaffirm that the court will meaningfully review an agency’s proposed corrective action, underscoring that protest litigation before the court can be very different from protest proceedings before the Government Accountability Office (GAO). He also looks at a recent GAO bid protest that was dismissed as untimely, highlighting that contractors should pay close attention to deadlines to avoid disappointment.

Finally, David discusses the Department of Defense’s final rule amending the Defense Federal Acquisition Regulation Supplement pursuant to President Biden’s “Ensuring the Future is Made in America by All of America’s Workers” executive order. He calls out four notable changes to the DFARS that contractors should know about.

In this episode, Partner David Robbins discusses the significant proposed rule issued by the Department of Defense implementing Cybersecurity Maturity Model Certification 2.0.  David also covers suspension/debarment updates and recent bid protest decisions.  

In this episode, Partner David Robbins discusses the National Defense Authorization Act for Fiscal Year 2024. David explains a number of provisions that government contractors and grant recipients should be aware of, including those concerned with foreign purchases, cyber security, and greenhouse gases.

In this episode of the Government Contracts Legal Roundup, David Robbins shares the mic with Jan Larson, a Co-Chair of the firm’s Insurance Recovery and Counseling Practice. Jan explains how her practice dovetails with the needs of government contractors and all policyholders who seek insurance to recover damages. “The key part,” she tells David, “is you’re helping to bring money back in.”

In addition to his interview with Jan, David provides a quick update on a recent DFARS amendment.

Partner David Robbins begins this episode by discussing implications of decisions by the Court of Federal Claims and the GAO. The cases he covers include System Dynamics Int’l, Inc. v. United States; Insight Technology Solutions, LLC; Guidehouse, Inc.; and Zolon PCS II, LLC. He then provides federal grant recipients with takeaways from the OMB’s proposed rewrite of the uniform guidance. He closes by reminding listeners that he will soon publish his Suspension and Debarment By the Numbers analysis for the prior fiscal year.

In this robust episode of the Government Contracts Legal Roundup, David Robbins covers a number of current issues in this episode across the government contracts spectrum of issues, including protests, claims, regulatory and investigations. He closes with a cautionary observation about the Department of Justice’s program to pursue criminal prosecutions for sanctions violations.

In this episode, Partner David Robbins is joined by Nathan Castellano to talk about Nathan’s naming as a co-author of the seminal Formation of Government Contracts treatise and a contributor to The Nash & Cibinic Report.  David then discusses a divergence between COFC and GAO protest practice highlighted by AccelGov, LLC v. United States and also explores two other decisions: KPMG LLP v. United States and B&B Medical Services, Inc.

In this episode, Partner David Robbins discusses important cases and developments facing government contractors and grant recipients. He updates listeners on the Percipient.ai protest, which has sparked significant litigation over the scope of Court of Federal Claims bid protest jurisdiction. He also describes the implications of protest decisions in Leidos Inc.; Booz Allen Hamilton Inc. and BOF GA Lenox Park, LLC. David concludes with an “un-human interest story”: proposed legislation that would force contractors to turn over any “non-earth origin” material that intelligence officials have presumably concealed from Congress. What about protection from alien retribution? That, David notes, is not covered in the bill.

In this episode, Partner David Robbins highlights the Supreme Court’s recent, unanimous opinion in the SuperValue case, which held that the False Claims Act’s scienter element may take into account a defendant’s knowledge and subjective beliefs. David also covers the new FAR rule that prohibits contractors from using TikTok on certain IT products. Last, David discusses the Federal Circuit’s useful reminder of the de novo standard of review that applies to appeals of the Contract Disputes Act.

In this episode, Partner David Robbins highlights the “quiet” end of the contractor COVID-19 vaccine mandate. He also provides take-aways about proposed revisions to cybersecurity standards issued by the National Institute of Standards and Technology and a new voluntary self-identification disability form issued by the Office of Federal Contract Compliance Programs. Finally, he reviews a Federal Circuit decision about CDA jurisdiction, a claims case – Mid-Atlantic Constr. & Design Assocs., Inc. v. United States – and two protest cases: Aptim-Amentum Alaska Decommissioning, LLC and TechSynap Corp. v. United States.

In this episode, Partner David Robbins explains the Department of Defense’s final rule amending the Defense Federal Acquisition Regulation Supplement and provides an update on Gandhi v. CMS, a freedom of information act case. He also outlines recent bid protest decisions that are expected to have an impact on large contractors as well as small businesses.

In this episode, Partner David Robbins first recaps the outcome of Aries Construction v. US addressing the relationship between the Contract Disputes Act’s claims submission requirement and contractor claims for breach of the duty of good faith and fair dealing. David then highlights the CPI adjusted penalties for False Claims Act violations, and discusses the intersection of government contracting and artificial intelligence. 

Partner David Robbins discusses an important FOIA decision about the application of Exemption 4 and recent protest cases in an episode of the Government Contracts Legal Round Up. He also explains the Department of Justice’s summary of False Claims Act (FCA) recoveries for Fiscal Year 2022 and several important revisions to the department’s Criminal Division’s Corporate Enforcement Policy. The policy modifications follow a September 2022 memorandum from Deputy Attorney General (DAG) Lisa Monaco announcing revisions to DOJ’s corporate criminal enforcement policies.

In this episode of the Government Contracts Legal Round-Up, Partner David Robbins discusses an important legislative development, as well as bid protest cases with industry-wide implications. He explains the key takeaways from the Preventing Organizational Conflict of Interest Federal Acquisition Act, which President Biden recently signed into law, and outlines what government contractors should be aware of in Ekagra Partners, LLC v. United States and Spatial Front, Inc.

Listen to the episode below.When clients face high stakes matters, complex internal investigations, and strategic transactions, they turn to David Robbins, the co-chair of Jenner & Block’s Government Contracts Practice. As an experienced litigator, investigations lawyer, and strategic business counselor, David advises government contractors, grant recipients, and their owners, executives, and investors. He advises clients on civil False Claims Act defense, parallel civil and criminal fraud enforcement proceedings, whistleblower reprisal defense, compliance, strategic corporate transactions, claims, appeals, and more.

In the December 2022 episode of the Government Contracts Legal Round-Up, Partner David Robbins walks listeners through the FAR Council’s proposed rule, which would require federal contractors to publicly disclose greenhouse gas (GHG) emissions and climate-related financial risk, and set reduction targets. He explains the key components and likely implications of the proposed rule, and the contractors to which the rule would apply.

Partner David Robbins discusses two final rules released by the Department of Defense that amend the DFARS requirements related to contract cost and pricing. He outlines the new obligation contractors should be aware of under the first rule and the potential to see an increase in the use of cost-reimbursement contracts under the second. Mr. Robbins also explains key takeaways of recent protest cases. 

Partner David Robbins discusses The Boeing Company v. the United States in Episode 28 of the Government Contracts Legal Round-Up. The litigation could decide the fate of the controversial FAR cost accounting rule and clarify the jurisdictional rules that apply when contractors challenge the validity of FAR provisions and other procurement regulations. Mr. Robbins also shares key takeaways from two important bid protest decisions: Async-Nu Microsystems, Inc., B-419614.5, B-419614.6 and ASRC Federal Data Network Technologies, B-419519.4.

Episode 27 of the Government Contracts Legal Round-Up features an unusual FOIA request related to the Department of Labor’s Office of Federal Contract Compliance Program and two notable bid protest and claims cases: G4S Secure Integration LLC, et al., v. United States and The Tolliver Group, Inc. v. United States. Partner David Robbins outlines the issues raised in these cases and key takeaways for contractors seeking to protect information in their EEO-1 Type 2 reports.

In Episode 26 of the Government Contracts Legal Round-Up, Partner David B. Robbins leverages his experience as a former acting Suspending and Debarring Official for the US Air Force to provide insights into Senators Warren and Lujan’s recent request regarding the Department of Justice’s use of its debarment authority. He also explains the implications of the latest of a dense line of decisions interpreting FOIA Exemption 4, and significant bid protest and claims cases.

In the latest episode of the Government Contracts Legal Round-Up, Partner David B. Robbins discusses two US Supreme Court cases that government contractors should be aware of. Mr. Robbins also outlines key takeaways for recent claims and bid protest cases related to defenses contracting, software licensing disputes, procurements that require performance in foreign countries, and cybersecurity requirements.