Publications
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02.02.2022An Affirmative Action Reminder For Gov't ContractorsArticles
Law360
Potential and existing federal contractors and subcontractors face a thicket of obligations when they decide to enter into agreements to perform work for the federal government. -
01.18.2022Federal Contractor Threatened With Suspension and Debarment for Not Submitting Affirmative Action PlansUpdatesThe U.S. Department of Labor’s Office of Federal Contract Compliance Programs recently reminded federal contractors that the government has broad authority to audit and investigate contractors’ equal employment practices and policies.
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01.03.2022Federal Circuit Clarifies Prejudice Is Never Presumed in Bid ProtestsUpdatesLast week, the U.S. Court of Appeals for the Federal Circuit clarified, with regard to bid protests, that prejudice is not to be presumed from arbitrary and capricious government procurement actions.
This update was published in Westlaw Today, "Federal Circuit Clarifies Prejudice is Never Presumed in Bid Protests," on 01.12.2022. -
10.22.2021Federal Contractors Bracing for Implementation of Vaccine MandateUpdatesLast week, the federal government began enforcing the requirements of the Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors” (COVID EO) and its supporting guidance.
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06.25.2020DoD’s Cybersecurity Verification Regime: New Details Emerge Related to Third-Party Auditor Training and AccreditationUpdates
A key area of focus in the Department of Defense’s (DoD) gradual rollout of its Cybersecurity Maturity Model Certification (CMMC) is the training and accreditation of third-party assessors that will be responsible for reviewing some 300,000 defense contractors’ cybersecurity practices for compliance with applicable controls.
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06.17.2020COVID-19 Will Cost Defense Industry “Double-Digit” Billions, DoD’s Ellen Lord SaysBlogsDefense contractors’ costs resulting from the COVID-19 crisis are projected to be in the “lower end” of the “double-digit of billions of dollars,” according to Undersecretary of Defense for Acquisition and Sustainment Ellen Lord, who testified before U.S. Congress on June 10, 2020.
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02.11.2020Impaired Objectivity and the Ability to Influence: Avoiding Pitfalls in Mitigating OCIUpdatesA common source of organizational conflicts of interest (OCI) is when a firm’s ability to render impartial advice to the government is or might be undermined by the firm’s competing interests.
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10.01.2019Department of Defense Issues Final Rule Restricting the Use of LPTA ProcurementsUpdatesEffective October 1, 2019, a new rule issued by the U.S. Department of Defense (DOD) amends the Defense Federal Acquisition Regulation Supplement (DFARS) to limit the use of lowest price technically acceptable (LPTA) procurements.
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05.17.2019Supreme Court Clarifies Statute of Limitations in Qui Tam Suits Under the False Claims ActUpdatesWhistleblowers bringing qui tam suits under the False Claims Act have up to ten years to file suit against defendants in cases in which the government declines to intervene, the U.S. Supreme Court has held, rejecting a government contractor’s argument in favor of a shorter limitations period.
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04.16.2018GAO Protest Requires Fee and Specialized Filing Starting May 1, 2018UpdatesStarting May 1, 2018, the General Accounting Office (GAO) will require that all new protests (except those containing classified information) be filed using its web-based electronic filing system known as the Electronic Protest Docketing System (EPDS).
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09.30.2016ASBCA Ruling Questions Consideration Of MaterialityArticles
Law360
Andrew Shipley and Seth Locke, co-authored an article on the Armed Services Board of Contract Appeals recently released decision addressing the final issue of materiality in the case of Raytheon, ASBCA No. 58068. They evaluate the case and the impact for government contractors. -
09.15.2016ASBCA Questions Consideration of Materiality in Certain Cost Accounting Change CasesUpdatesThe Armed Services Board of Contract Appeals (ASBCA or the Board) recently released a decision addressing the final issue of materiality in the long saga of the Raytheon accounting change case.
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Spring 2016Stories from Beyond the Courtroom: Using ADR to Save RelationshipsArticlesLitigation is often a long, expensive process filled with procedural pitfalls and rife with uncertainty. Complying with litigation’s formal procedural rules, especially in an adversarial environment, can be an expensive undertaking.
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11.19.2015Do Words Matter? GAO Says Yes In Bid Protest DecisionArticlesDo words matter? In a precedent-setting decision in Harris IT Services Corp., B-411699, B-411796, the Government Accountability Office said, “Yes.” In particular, GAO made clear that the phrase “delivery order” has a particular meaning under the law and that government agencies must abide by that definition when procuring goods and services.
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10.19.2015Do Words Matter? GAO Decides “Yes” in Delivery Order Precedent CaseUpdatesDo words matter? In a precedent-setting decision in Harris IT Services Corp., B-411699, B-411796, GAO said “yes.”[1] In particular, GAO made clear that the phrase “delivery order” has a particular meaning under the law and that government agencies must abide by that definition when procuring goods and services.
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10.25.2013Protecting your IP: What to Do in the Face of Potential Government OverreachArticlesWashington Metropolitan Association of Corporate Counsel
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2013The Government Procurement Review: United StatesLawyer Publications
Published by Law Business Research, Ltd.
Washington, D.C. Partners Rich Clifford and Andy Shipley and Associate Seth Locke of the Government Contracts practice are the co-authors of a chapter featured in the recently released first edition of The Government Procurement Review, a series of The Law Reviews published by Law Business Research Ltd.
Presentations
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07.25.2023Government Contracts Claims & Disputes UpdateSpeaking EngagementsAssociation of Corporate Counsel National Capital Region / Tysons, VA and Virtual
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09.13.2022Government Contracting: Key Legal Issues for Commercial CompaniesSpeaking Engagements
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04.27.2021Fraud and False Claims Act Investigations and Litigation: Key Emerging Issues and Risk Management Strategies for Government ContractorsSpeaking EngagementsAssociation of Corporate Counsel National Capital Region / Webinar
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02.19.2021Association of Corporate Counsel Roundtable DiscussionSpeaking EngagementsAssociation of Corporate Counsel
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01.27.2021Claims, Disputes, and TerminationsSpeaking EngagementsPub K’s Government Contracts Annual Review / Virtual Event
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11.04.2020Emerging Dispute Areas and Risk Mitigation Strategies in Prime-Subcontractor RelationshipsSpeaking EngagementsAmerican Bar Association
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05.13.2020Whither and Whether to Protest: New Legislative and Judicial Developments and their Impact on Filing DecisionsSpeaking EngagementsABA’s 2020 Virtual Federal Procurement Institute / Webinar
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04.16.2020
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03.25.2020Bid Protest Update for Commercial ContractorsSpeaking Engagements
Webinar
Coalition for Government Procurement -
09.12.2019Bid Protest Trends, Patents vs. Trade Secrets, and Protection of Technical Data and Computer Software Under Federal ContractsSpeaking EngagementsNational Contract Management Association / Huntsville, AL
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07.25.2017Litigation and Government Contractors Forums: Confronting the World's Biggest Customer - A Practical Guide to Protests of Government AwardsSpeaking EngagementsAssociation of Corporate Counsel CLE / McLean, VA
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03.16.2016Government Contractors Forum: The Toothpaste Has Left the Tube - Navigating Procurement Integrity Act Issues and Protecting your InformationSpeaking EngagementsAssociation of Corporate Counsel CLE / McLean, VA
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06.04.2014 - 06.05.2014Federal Publications Seminars - Negotiations of DisputesSpeaking EngagementsWaterview Conference Center / Arlington, VA