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 | 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
