NAFI Or Not, Contractors Can Sign Away Their Right To Appeal
Client Alert | less than 1 min read | 03.16.12
In The Minesen Co. v. McHugh (Mar. 2, 2012), a majority panel of the Federal Circuit held that the contractor had waived its right to appeal by agreeing to the contract’s disputes clause, which stated that ASBCA decisions were final “and are not subject to further appeal.” While this decision involved a contract with a NAFI, the majority decided the issue by assuming the Contract Disputes Act applied, and so its reasoning would seem to apply to any contract with similar language.
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Client Alert | 14 min read | 03.13.26
AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems
On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities. The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards. The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed. GSA requests comments by March 20, 2026.
Client Alert | 3 min read | 03.12.26
DOJ Releases First-Ever Department-Wide Corporate Enforcement and Voluntary Self-Disclosure Policy
Client Alert | 3 min read | 03.12.26
