White House Authorizes Indemnification for Ebola Contracts
Client Alert | 1 min read | 11.17.14
On November 13, 2014, President Obama issued a Presidential Memorandum authorizing the U.S. Agency for International Development to indemnify contractors performing Ebola-response contracts in Africa "with respect to claims, losses, or damage arising out of or resulting from exposure, in the course of performance of the contracts, to Ebola." This Presidential action is the latest example of how contractors may obtain contract-based indemnification for certain activities (previously discussed here, here, here, here, and here), including activities that pose unusually hazardous risk, and serves as a reminder to contractors engaged in such activities to request that such indemnification clauses be included in their contracts when appropriate.
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
