FEATURE COMMENT: COFC Pushes Back on GAO Waiver and Cost-Realism Analyses
Client Alert | 1 min read | 10.14.21
In a recent alert, we highlighted VS2 v. U.S., in which theCourt of Federal Claims refused to expand the Federal Circuit’s Blue & Gold waiver doctrine and required the Army to consider performance risk in a cost realism evaluation. In a new “Feature Comment” published in The Government Contractor, we take a deeper dive into the Court’s disagreement with GAO and what it means for contractors and agencies going forward. Of particular note, contractors considering capping costs in their proposals should carefully consider when and how agencies may evaluate performance risk; and both protesters and intervenors must stay vigilant and diligently pursue potential protest grounds.
Insights
Client Alert | 14 min read | 11.01.24
Protectionist Trade Policies in the New Administration: A Question of Degree
Regardless of what happens in the U.S. elections on November 5, one theme is clear – protectionist policies in international trade are here to stay. To some extent, the key difference between the trade policies of a Harris administration and a second Trump Administration may be one of degree. Vice President Harris is expected to continue the more cautious, incremental approach to trade policy favored by the Biden Administration. A second Trump administration, on the other hand, is expected to pick up where it left off and aggressively use the trade tools at its disposal to try to reset and renegotiate trade relationships with many of the U.S.’s trading partners—particularly those countries with whom the U.S. has a trade deficit.
Client Alert | 23 min read | 10.31.24
Client Alert | 11 min read | 10.30.24
Are You, and Your Supply Chain, Ready for the Deforestation Regulation?
Client Alert | 4 min read | 10.30.24
Trends in Recent FDA Warning Letters for Cosmetic and Cosmetic-Adjacent Products
