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Award Fee Determination Must Be Made By Designated Official

Client Alert | less than 1 min read | 01.29.07

As part of the long-running saga of the operation of the Rocky Flats Nuclear Weapons Plant in Colorado, the Court of Federal Claims in The Boeing Co. v. United States. (Jan. 17, 2007) has held the Department of Energy in breach because, after the initiation of an investigation of the contractor, the Secretary's office mandated lower award fees than DOE's Rocky Flats Manager had independently determined. Restoring the independent determinations, the court found that, when the contract specifies the individual who is to make the determination (here the Manager), his superiors may not override that determination without breaching the contract.

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Client Alert | 7 min read | 12.19.25

In Bid to Ban “Woke AI,” White House Imposes Transparency Requirements on Contractors

In July 2025, President Trump signed Executive Order (EO) 14319, Preventing Woke AI in the Federal Government, to preclude the federal government from procuring artificial intelligence (AI) models that incorporate “ideological biases or social agendas,” including “diversity, equity, and inclusion.” The EO mandates that the federal government purchase only large language models (LLMs) developed according to two “Unbiased AI Principles” — that they be “truth-seeking” and show “ideological neutrality.” To implement these principles, the EO directed the Office of Management and Budget (OMB) to issue guidance....