Government Contracts Claims and Appeals
Jon Pomerance has joined PilieroMazza as an associate in the Firm's Government Contracts, Litigation & Dispute Resolution, False Claims Act, Cybersecurity & Data Privacy, and Claims and Appeals practice groups. Previously, he served as Assistant General Counsel to the U.S. General Services Administration's (GSA) Federal Acquisition Service (FAS). Mr. Pomerance now leverages his in-agency experience and government decision-making knowledge on behalf of PilieroMazza's government contractor and commercial business clients. "We're excited to have Jon on our team. His perspective on agency action and firsthand understanding of government procurements will further enhance the legal solutions we provide to government contractors," said Tony Franco, Chair of the Government Contracts Group.
The Competition in Contracting Act requires agencies to stay performance of contracts protested at GAO. But agencies may authorize performance anyway by issuing an override after a written finding that immediate performance either serves the best interests of the U.S., or if urgent and compelling circumstances require it. Judges at the Court of Federal Claims have taken varying approaches when reviewing an override decision, and the Court of Appeals for the Federal Circuit has not articulated a specific standard of review.
Oracle's bid protest criticizing the Pentagon's procurement process for the $10 billion Joint Enterprise Defense Infrastructure (JEDI) cloud system contract could set the stage for future additional protests.