T4D Slam Dunked To T4C When Contractor Misled
Client Alert | less than 1 min read | 07.30.04
In Divecon Services, LP, the GSBCA overturned the National Oceanic and Atmospheric Administration’s termination for default of a contract to charter a remotely operated vehicle (ROV), despite the ROV’s failure to operate properly or obtain the ultimately desired data. The board reasoned that NOAA had waived any contract completion date by (1) encouraging the contractor right up to the day of termination (the originally specified contract completion date) to incur substantial costs for ROV repair work necessary for continued contract performance, (2) failing to set a new completion date, and (3) leading the contractor during last minute negotiations to believe that agreement on a contract extension was a “slam dunk.”
Insights
Client Alert | 3 min read | 04.14.26
On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded.
Client Alert | 4 min read | 04.14.26
FedRAMP Solicits Public Comment on Overhaul to Incident Communications Procedures
Client Alert | 5 min read | 04.14.26
Client Alert | 4 min read | 04.14.26
