Background - News & Events (Landing) 2016

Search NewsRoom

Advanced Search >

Media Contacts +

All Alerts & Newsletters

FEATURE COMMENT: COFC Pushes Back on GAO Waiver and Cost-Realism Analyses


In a recent alert, we highlighted VS2 v. U.S., in which the Court of Federal Claims refused to expand the Federal Circuit’s Blue & Gold waiver doctrine and required the Army to consider performance risk in a cost realism evaluation. In a new “Feature Comment” published in The Government Contractor, we take a deeper dive into the Court’s disagreement with GAO and what it means for contractors and agencies going forward. Of particular note, contractors considering capping costs in their proposals should carefully consider when and how agencies may evaluate performance risk; and both protesters and intervenors must stay vigilant and diligently pursue potential protest grounds.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Robert J. Sneckenberg
Counsel – Washington, D.C.
Phone: +1 202.624.2874
Anuj Vohra
Partner – Washington, D.C.
Phone: +1 202.624.2502
William B. O'Reilly
Associate – Washington, D.C.
Phone: +1 202.624.2820
Karla V. Perez Chacon
Associate – Washington, D.C.
Phone: +1 202.624.2875