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Board Rejects Claim Based on Certain Fiscal Law Violations

Client Alert | 1 min read | 06.12.17

In Parsons Government Services, Inc. (ASBCA No. 60663, May 3, 2017), the Board dismissed Parsons’ $21 million claim because both contractual allegations turned on fiscal law provisions that did not entitle Parsons to relief. First, Parsons argued that the contract was void ab initio, entitling Parsons to quantum meruit, because “the government should have awarded the contract as a construction contract appropriating MILCON funds [pursuant to 10 U.S.C. §§ 2801 et seq.] instead of a supply and services contract using O&M funds.” Second, Parsons argued that the government “violated the implied duty of good faith and fair dealing by depriving Parsons of its reasonable expectations” of the necessary Congressional oversight and more stringent terms consistent with a MILCON-funded contract….” The Board rejected both arguments under Federal Circuit precedent, finding that the statutory MILCON provision underlying Parsons’ claim did not provide a private right of action for contractors to sue because the primary intended beneficiary of the statute was the government. 

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Client Alert | 3 min read | 09.13.24

SEC Disbands its Climate and ESG Enforcement Task Force

The Securities and Exchange Commission (SEC) has reportedly recently dissolved its Climate and ESG Enforcement Task Force (the Task Force). The Task Force was part of SEC Chair Gary Gensler’s broader push to increase investors’ access to environmental, social, and governance (“ESG”) information about public companies and registered investment companies. The dissolution of the Climate and ESG Enforcement Task Force comes after three years marked by industry resistance and a mixed record in the courts. Prior to the Task Force’s dissolution, the agency removed ESG from its annual Examination Priorities Report, which provides areas of particular focus during SEC examinations. While the Task Force has been dissolved, the SEC is still pursuing a number of its proposed ESG and climate-related rules....