Accurate Historical Data Yields Negligent Estimate
Client Alert | 1 min read | 02.28.17
In Agility Def. & Gov’t Servs., Inc. v. United States (Feb. 6, 2017), the Court of Appeals for the Federal Circuit held that the government’s volume estimate in a requirements-contract solicitation cannot rely solely on historical workloads when the government expects conditions to change going forward. FAR 16.503 requires solicitations for requirements contracts to include a “realistic estimate of total quantity” based on “the most current information available.” Reversing a decision from the Court of Federal Claims, the CAFC revived the contractor’s negligent-estimate claim, holding that the government failed to comply with FAR 16.503 when its estimate relied on historical data rather than the agency’s actual expectation that changing conditions would create a surge in requirements above and beyond the historical workloads.
Insights
Client Alert | 3 min read | 05.12.25
EU Retaliatory Trade Measures Against the U.S. – Public Consultation
On 8 May 2025, the European Commission published new lists of products potentially subject to EU rebalancing measures in retaliation to U.S. tariffs. The proposed measures would apply if EU-U.S. trade negotiations fail. They are designed to stand alongside previously adopted EU countermeasures, which are currently suspended until 14 July 2025.
Client Alert | 2 min read | 05.09.25
FDA Seeks Stakeholder Consultation on Prescription Drug User Fee Reauthorization
Client Alert | 2 min read | 05.09.25
New SF-328 for Foreign Ownership, Control, and Influence Assessments Approved, Publication Imminent
Client Alert | 4 min read | 05.08.25
