Not So Fast: Federal Circuit Reverses CFC Decision Limiting Indemnification Rights
Client Alert | less than 1 min read | 01.17.13
In Indian Harbor Insurance Co. (Jan. 11, 2013), the Federal Circuit reversed the CFC and held that letters from a state regulatory agency demanding clean-up of environmental contamination at a former military site resulting in a voluntary clean-up agreement do constitute a "claim for personal injury or property damage" under section 330 of the 1993 NDAA, which requires DoD to indemnify subsequent owners of military sites against certain such "claims." This decision is an important development for parties seeking federal indemnification in connection with state regulatory actions.
Insights
Client Alert | 2 min read | 08.14.24
Bid Protests: GAO Reminds Would-Be Protesters – Timing Is Everything
When to file a protest challenging an agency’s corrective action is an issue that has confused protesters for over a decade since GAO’s Domain Name Alliance Registry, B‑310803.2, Aug. 18, 2008, 2008 CPD ¶ 168 decision. In Domain Name, GAO held where a protester essentially challenges the “ground rules” of corrective action, that protest must be filed pre-award or risk being dismissed as untimely. This has led to the proliferation of overly cautious protesters bringing pre-award challenges to corrective actions only to have GAO dismiss such protests as merely anticipating improper agency action and therefore premature. Indeed, the line between a timely and untimely corrective action protest is unclear. And that confusion persists, as evidenced in two recent GAO dismissals—General Dynamics Information Technology, Inc., B-422421.6, B-422421.7, July 17, 2024, and Peraton Inc., B-422409.2, B‑422409.3, July 22, 2024.
Client Alert | 5 min read | 08.13.24
Client Alert | 1 min read | 08.12.24
Client Alert | 11 min read | 08.07.24
