1. Home
  2. |Insights
  3. |FEATURE COMMENT: COFC Pushes Back on GAO Waiver and Cost-Realism Analyses

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

Client Alert | 1 min read | 10.14.21

In a recent alert, we highlighted VS2 v. U.S., in which theCourt 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.

Insights

Client Alert | 2 min read | 11.11.26

President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner

On November 10, 2026, President Trump nominated Peter A. Feldman to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC) and to serve another seven-year term as Commissioner. The nominations signal the administration's intent to maintain continuity of leadership at the CPSC during a period of heightened regulatory activity. ...