Government Contracts Claims and Appeals

BLOG: JEDI Update: Pentagon Files Voluntary Motion for Remand to Reconsider Microsoft Award

March 27, 2020
By Lauren Brier
On March 12, 2020, the Department of Defense (DOD) filed a motion for voluntary remand requesting that the Court of Federal Claims (COFC) remand the Joint Enterprise Defense Infrastructure (JEDI) contract case for 120 days. This would allow DOD to reconsider certain aspects of its decision to award the JEDI contract to Microsoft. DOD's re-evaluation could signify major flaws in the process.
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BLOG: JEDI Protest Update: Pentagon Relies on Blue & Gold Fleet to Do Away with AWS's Allegations of Bias

February 26, 2020
By Lauren Brier
Oftentimes, a decision not to file a pre-award protest can leave an unsuccessful offeror without an opportunity to be heard at the Court of Federal Claims (COFC). However, the extraordinary circumstances surrounding the JEDI Contract and the Trump Administration's ongoing, publicized aversion to Amazon could save Amazon Web Service's (AWS) bias allegations against the Pentagon from an early dismissal.
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BLOG UPDATE: Default Terminations – ASBCA Lacks Jurisdiction Over Excusable Delay, Constructive Change Defenses Not Presented to Contracting Officer for Final Decision

February 6, 2020
By Meghan F. Leemon and Lauren Brier
PilieroMazza previously explained that a termination for default is considered a contracting officer's final decision, which may then be appealed. While this is still the case, a recent decision from the Armed Services Board of Contract Appeals (ASBCA) highlights the importance for prime contractors—especially those who anticipate that their contract may be (or already has been) terminated for default—to preserve all relevant defenses to termination in advance of an appeal to the Board of Contract Appeals or Court of Federal Claims.
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BLOG: JEDI Protest Saga Continues: Amazon Protests Microsoft's Award in Court of Federal Claims

November 18, 2019
By Lauren Brier
On November 8, 2019, Amazon filed a bid protest pre-filing notice with the Court of Federal Claims ("COFC") indicating its intent to protest the Department of Defense's ("DoD") award of the Joint Enterprise Defense Infrastructure ("JEDI") contract to Microsoft. Amazon's decision to move forward with a protest does not come as a surprise to most practitioners who have been following this hotly contested procurement since its inception. For government contractors, if you are protesting an award, make certain you do not overlook important procedural requirements that could delay initial processing of a case before the COFC.
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BLOG: This Just In! SBA's Implementation of HUBZone Changes and Small Business Runway Extension Act Coming Soon

November 14, 2019
By Samuel S. Finnerty
On November 12-13, 2019, the U.S. Small Business Administration (SBA) hosted its 5th Annual Mentor Protégé Conference where SBA's John Klein, Associate General Counsel for Procurement Law, answered questions from the audience regarding various mentor-protégé issues. Mr. Klein provided some key insights regarding recent and upcoming SBA rulemakings that will have a significant impact on small business government contractors. We outline some of these updates below, and will also host a breakfast seminar on November 18, 2019 where Mr. Klein and Pamela Mazza will offer an in-depth discussion on these and other changes (please visit this link for more information).
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