Government Contracts Claims and Appeals

BLOG: JEDI Update: AWS Files Agency-Level Protest with Pentagon

May 12, 2020
By Lauren Brier
The ongoing public feud between Microsoft and Amazon Web Services ("AWS") over the Department of Defense's ("DOD") Joint Enterprise Defense Infrastructure ("JEDI") Cloud contract saw three major developments over the last thirty (30) days. This blog provides an update on the JEDI protest, which has potential implications for the government contracting community.

BLOG: FAR Council Rulemaking Error Requires GSA Contractors to Qualify As Small at Time of Award for Certain Orders

May 6, 2020
By Samuel S. Finnerty
As we recently wrote, the FAR Council published a final rule (Rule) on February 27, 2020 that amends the Federal Acquisition Regulation (FAR) to capture regulatory changes made by the Small Business Administration (SBA) in 2013, including those pertaining to size representation/certification. However, in drafting the Rule, the FAR Council made a critical change that not only deviate from SBA regulations, but also run counter to everything we know about when the size status of a contractor is determined. All small business concerns should be aware of this Rule change and should consult with counsel regarding their small business representation duties.

BLOG: For Contractors, an REA for Keeping Your People Safe and on the Job

April 30, 2020
By Jason A. Blindauer
In COVID-19 times, one of the ongoing challenges for contractors is how to obtain upward equitable adjustments for increased operating costs due to the crisis. These costs could include more janitorial services, reconfiguring and/or refurnishing workspaces, changing processes and/or systems, overcoming supply chain fluctuations, enabling more remote work, compartmentalizing work groups, implementing shift work, allotting administrative time for health checks, giving more transportation and parking benefits, providing Personal Protective Equipment ("PPE"), adding headcount made necessary by changes, as well as recouping the costs for any lost efficiencies due to the foregoing. This blog examines paths to a Request for Equitable Adjustment ("REA") that may be available for government contractors.

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.

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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