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Whistleblower Protections for Prime and Sub Employees Expanded

Client Alert | 1 min read | 09.30.13

On September 30, 2013, the government amended the FAR and DFARS to enhance whistleblower protections for employees of government contractors and extend such protections to subcontractor employees. As discussed in a prior Crowell & Moring webinar, these enhanced protections, which also apply to non-defense contracts through a four-year "pilot program," broaden the scope of protected disclosures to include reporting an "abuse of authority," add new protections for internal disclosures to certain managerial employees, lower the burden of proof for demonstrating a "reprisal" against the whistleblower, and afford greater remedies such as compensatory damages and legal fees.


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Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...