Michelle D. Coleman is a counsel in the Government Contracts Group in Crowell & Moring’s Washington, D.C. office. Michelle advises clients from diverse industries in connection with contract disputes and other government contract matters, including Contract Disputes Act (CDA) claims and requests for equitable adjustments, fiscal law questions, prime-sub disputes, and bid protests.
Prior to working at Crowell & Moring, Michelle served as an attorney in the Air Force’s Acquisition Law and Litigation Directorate, where she provided acquisition and litigation risk advice on procurements valued over $14 billion on major Air Force procurements. She also served as a trial attorney in the Air Force Legal Operations Agency, Commercial Law and Litigation Directorate. As a trial attorney, Michelle litigated complex contract disputes before the Armed Services Board of Contract Appeals (ASBCA) and bid protests before the Government Accountability Office (GAO). As an Air Force litigator, Michelle litigated a broad range of issues before the ASBCA, including: organizational conflicts of interest; small business issues; price realism analysis; past performance; NAICS code issues; technical acceptability; nonmanufacturing rule, brand name, or equal issues; construction claims; commercial items; terminations; assignment of claims; reprocurement; limitation of funds; release; differing site conditions; setoffs/withholding; and evidentiary issues. Among the construction cases, Michelle litigated a $28 million Air Force design-build construction claim involving complex differing site conditions and delay issues, and she also litigated and won a claim for alleged defective specifications, undisclosed information, constructive interpretation, and technical impossibility for a contract for the design and construction of an Air Force dynamic break test stand.
Before her Air Force career, Michelle was employed by a defense contractor, where she gained valuable government contract experience in her roles as a business analyst and a subcontracts administrator. Michelle’s government and contractor experience gives her the unique ability to take both parties’ perspectives into consideration when providing advice on government contract issues.
Affiliations
Admitted to practice: District of Columbia, Virginia, U.S. Supreme Court, and the U.S. Court of Federal Claims
Professional Memberships
- Board of Directors, Board of Contract Appeals Bar Association (2018-2019)
- Program Chair, ABA Introduction to Government Contracts Course (September 6-7, 2017 and September 17-18, 2018)
- Co-Chair, 2018 ABA Federal Procurement Institute (FPI) (March 14-17, 2018)
- Co-Chair, ABA Section of Public Contract Law Federal, State, and Local Government Attorneys Committee (August 2016 – 2018)
- Vice Chair, ABA Section of Public Contract Law Young Lawyers Committee (August 2015 – August 2017)
- Vice Chair, ABA Section of Public Contract Law Contract Claims and Dispute Resolution Committee (August 2016 – 2018)
- Vice Chair, ABA Section of Public Contract Law Bid Protest Committee (August 2016 – July 2017)
- ABA Strategic Alliances, Teaming and Subcontracting Committee Co-Author, Guide to Fixed-Price Supply Subcontract Terms and Conditions (5th Edition)
Highlights, News & Knowledge
Speeches & Presentations
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"New Year, New Administration, New Focus on Infrastructure in Government Contracts," Crowell & Moring Webinar
(February 16, 2021).
Presenters: David J. Ginsberg, Stephen J. McBrady, Eric M. Ransom, Michelle D. Coleman, and John Nakoneczny.
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"Infrastructure In Focus: A Deep Dive Look at Water Infrastructure Opportunities and Risks - Part 1," Crowell & Moring Webinar
(December 2, 2020).
Presenters: Robin Baillie, James G. Flood, Byron R. Brown, Michelle D. Coleman, and W. Scott Douglas.
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"Claims and Requests for Equitable Adjustment," OOPS 20/20 - Setting Your Sights
(October 22, 2020).
Presenters: Stephen J. McBrady, Charles Baek, Michelle D. Coleman, and John Nakoneczny.
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"Changes, Claims, and Terminations," Government Contracts "101" - Back to Basics Webinar
(September 22, 2020).
Presenters: Stephen J. McBrady, Michelle D. Coleman, Alexandra Barbee-Garrett, and John Nakoneczny.
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"COVID-19 Claims and Requests for Equitable Adjustment Q&A Webinar — 'Tick Tock – Submitting COVID-19 Related Claims and REAs as the Government Fiscal Year Draws to a Close'" Crowell & Moring Webinar
(September 17, 2020).
Presenters: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, and Michelle D. Coleman.
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"Navigating an Evolving Supply Chain Landscape in the Face of the Coronavirus Pandemic," Crowell & Moring Webinar
(March 25, 2020).
Presenters: Adelicia R. Cliffe, Evan D. Wolff, Paul Freeman, Michelle D. Coleman, Stephanie L. Crawford, and Michael G. Gruden.
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"Public Contracts and the COVID-19 Coronavirus Webinar," The George Washington Law School Online Colloquium
(March 24, 2020).
Presenter: Michelle D. Coleman.
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"Coronavirus & Contracting: Preserving Your Rights and Navigating Evolving Obstacles of Delays, Changes, Stop Work, and Terminations, While Supporting Government Operations, During the COVID-19 Pandemic," Crowell & Moring Webinar
(March 23, 2020).
Presenters: Stephen J. McBrady, Skye Mathieson, and Michelle D. Coleman.
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"COVID-19 Roundtable Discussion: Practical Guidance for Legal Departments, Business Leaders, and Boards," Crowell & Moring Webinar
(March 10, 2020).
Presenters: Bryan Brewer, Jodi G. Daniel, Peter Eyre, Laura Foggan, Thomas P. Gies, Paul M. Rosen, Nicole Janigian Simonian, Evan D. Wolff, and Michelle D. Coleman.
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"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar
(January 29, 2020).
Presenters: Crowell & Moring Government Contracts Group.
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"Changes, Claims, and Terminations," Government Contracts "101" - Back to Basics, McLean, VA
(October 23, 2019).
Moderator: Michelle D. Coleman; Panelists: Stephen J. McBrady, Skye Mathieson, and Monica DiFonzo Sterling.
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"Key BCA Decisions: The Year In Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Tysons, VA
(October 22, 2019).
Panelist: Michelle Coleman.
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"Claims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2019, Washington, DC
(May 7, 2019).
Moderator: Stephen J. McBrady; Speakers: Jacinta Alves, Skye Mathieson, Michelle D. Coleman, and Sharmistha Das.
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“Claims & Disputes: The A-Z Guide, Plus Identifying Opportunities for Recovery Amid Shutdown,” D.C. Bar Association, Washington, D.C.
(April 17, 2019).
Panelists: Skye Mathieson, Monica Sterling, and Michelle D. Coleman.
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"Making the Team: Best Practices for Teaming Agreements," ACC/NCR, Tysons Corner, VA
(March 19, 2019).
Panelists: Michelle D. Coleman and Skye Mathieson.
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"The Impact of War on Claims Litigation: Two Decades of Case Developments," ABA's 25th Annual Federal Procurement Institute, Annapolis, MD
(March 14, 2019).
Panelist: Michelle D. Coleman.
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"Claims and Requests for Equitable Adjustment," Client Training, Chantilly, VA
(January 28, 2019).
Presenters: Stephen J. McBrady, Skye Mathieson, and Michelle D. Coleman.
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"Claims and Requests for Equitable Adjustment," Government Contracts Breakfast Series, Arlington, VA
(January 16, 2019).
Presenters: Stephen J. McBrady, Brian Tully McLaughlin, Michelle D. Coleman, Skye Mathieson, and Charles Baek.
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"Changes, Claims and Terminations," Government Contracts "101" - Back to Basics, Washington, D.C.
(October 10, 2018).
Presenters: Steve McBrady, Brian Tully McLaughlin, Monica Sterling, and Michelle Coleman.
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"Key BCA Decisions: The Year in Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Washington, D.C.
(October 9, 2018).
Moderator: Skye Mathieson; Presenter: Michelle D. Coleman.
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"Contract Changes, REAs/Claims, and Terminations," Client Training, Chantilly, VA
(September 13, 2018).
Presenters: Brian McLaughlin, Skye Mathieson, and Michelle D. Coleman.
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"Litigating the Federal Construction Case," ABA Section of Public Contract Law Annual Meeting
(August 3, 2018).
Moderator: Michelle D. Coleman.
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"Claims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line," OOPS 2018, Crowell & Moring's 34th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 17, 2018).
Presenters: Stephen J. McBrady, Skye Mathieson, Monica DiFonzo Sterling, Sharmistha Das, and Michelle D. Coleman.
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"Government Contract Claims 101," ABA Contract Claims and Disputes Resolution Committee
(February 14, 2018).
Moderator: Skye Mathieson and Presenter: Michelle D. Coleman.
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"Key BCA Decisions: The Year in Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Washington, D.C.
(October 25, 2017).
Moderator: Skye Mathieson and Presenter: Michelle D. Coleman.
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"Alternative Dispute Resolution – Mock Mediation Program," ABA Section of Public Contract Law Contract, Claims, and Disputes Resolution Committee Meeting
(May 10, 2017).
Presenter: Michelle D. Coleman.
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"In With the New and Out with the Old: Construction Contracting Under the Trump Administration," ABA Federal Procurement Institute
(March 16, 2017).
Presenter: Michelle D. Coleman.
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"Agency Counsel Perspectives," ABA Section of Public Contract Law Bid Protest Committee
(January 17, 2017).
Presenter: Michelle D. Coleman.
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"Key BCA Decisions: The Year in Review," Boards of Contract Appeals Bar Association (BCABA) Annual Conference, Washington, D.C.
(October 19, 2016).
Moderator: Skye Mathieson and Presenter: Michelle D. Coleman.
Client Alerts & Newsletters
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"Biden Administration Issues New Masking Mandate,"
Administrative Law Alert
(January 22, 2021).
Contacts: Peter Eyre, Thomas P. Gies, Michelle D. Coleman, Abigail (Abi) Stokes
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"Advancing America’s Dominance in AI: The 2021 National Defense Authorization Act’s AI Developments,"
Government Contracts Bullet Points
(January 14, 2021).
Contacts: Jonathan M. Baker, Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US, Laura J. Mitchell Baker, Michelle D. Coleman
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"Show Me The Money (Or GFE): FAR 52.245-1 Required Contracting Officer to Consider Equitable Adjustment for Missing Equipment,"
(January 12, 2021).
Contacts: Stephen J. McBrady, Charles Baek, Michelle D. Coleman, Skye Mathieson, Matthew D. Lewis, John Nakoneczny
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"Section 3610 of the CARES Act Extended Until March 31, 2021,"
Government Contracts Bullet Points
(December 30, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek, Michelle D. Coleman, Skye Mathieson, John Nakoneczny
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"If It’s Not One Thing, It’s Another: Claiming Alternative Sums Not Fatal Under CDA,"
False Claims Bullet Points
(December 24, 2020).
Contacts: Stephen J. McBrady, Michelle D. Coleman, Skye Mathieson, John Nakoneczny
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"Making a List, Checking it Twice: OIG Report Details Contractor Payments Under Section 3610 of the CARES Act,"
Government Contracts Bullet Points
(December 16, 2020).
Contacts: Peter Eyre, Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Brian Tully McLaughlin, Skye Mathieson, Michelle D. Coleman, Charles Baek, John Nakoneczny
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"Executive Order 13960 Establishes Government-wide Principles for its Use of AI,"
Government Contracts Bullet Points
(December 7, 2020).
Contacts: Kate M. Growley, CIPP/G, CIPP/US, Adelicia R. Cliffe, Jonathan M. Baker, Michelle D. Coleman, Laura J. Mitchell Baker
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"The Government’s Momentum in Ensuring Dominance in AI Continues as OMB Issues Guidance for Regulation of AI Applications,"
Government Contracts Bullet Points
(November 19, 2020).
Contacts: Kate M. Growley, CIPP/G, CIPP/US, Adelicia R. Cliffe, Jonathan M. Baker, Michelle D. Coleman
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"Poof There it Is: Court Invokes the Constructive Termination for Convenience Doctrine for the Government,"
Government Contracts Bullet Points
(November 18, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Charles Baek, Michelle D. Coleman, Skye Mathieson
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"ASBCA's FY2020 Report – A Look at the Numbers,"
Government Contracts Bullet Points
(November 10, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Charles Baek
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"Stop in the Name of Fraud?: After-the-Fact Fraud Allegation Does Not Divest ASBCA of Jurisdiction,"
Government Contracts Bullet Points
(August 21, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman, Skye Mathieson, John Nakoneczny
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"JAIC Has More Work To Do in Developing Artificial Intelligence Standards, while DoD Components and Contractors Must Implement Security Controls Around Artificial Intelligence, Says DoD OIG,"
Government Contracts Bullet Points
(July 9, 2020).
Contacts: Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US, Laura J. Mitchell Baker, Michelle D. Coleman
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"Updated Section 3610 Guidance,"
Government Contracts Bullet Points
(May 1, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Michelle D. Coleman, Skye Mathieson, Charles Baek
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"DoD’s Joint Artificial Intelligence Center Seeks Tools to Test Artificial Intelligence,"
Government Contracts Bullet Points
(April 27, 2020).
Contacts: Kate M. Growley, CIPP/G, CIPP/US, Laura J. Mitchell Baker, Michelle D. Coleman
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"The DoD Issues Memo Regarding Section 3610 of the CARES Act; Implementing Guidance to Follow,"
Government Contracts Bullet Points
(March 31, 2020).
Contacts: Stephen J. McBrady, Charles Baek, Michelle D. Coleman, Nkechi Kanu, Skye Mathieson, John Nakoneczny
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"Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) Section 3610 — Billing and Contractual Relief for Government Contractors When Employees Cannot Work due to the COVID-19 Pandemic,"
Government Contracts Bullet Points
(March 27, 2020).
Contacts: Peter Eyre, J. Chris Haile, Stephen J. McBrady, Charles Baek, Michelle D. Coleman, Nkechi Kanu, Skye Mathieson
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"Silence = Acquiescence: Government Stuck with Contractor’s Interpretation that was Provided with its Proposal,"
Government Contracts Bullet Points
(March 18, 2020).
Contacts: Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Catherine O. Shames
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"The JAIC Rolls Out DoD’s Ethical Principles for Artificial Intelligence,"
Government Contracts Bullet Points
(March 6, 2020).
Contacts: Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US, Laura J. Mitchell Baker, Michelle D. Coleman
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"Contractor Recovers Increased Costs from a Collective Bargaining Agreement Executed After an Option Period is Exercised,"
Government Contracts Bullet Points
(March 4, 2020).
Contacts: Nicole Owren-Wiest, Trina Fairley Barlow, Michelle D. Coleman
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"The Government Contractor Coronavirus (COVID-19) Preparedness Toolkit,"
Government Contracts Bullet Points
(March 3, 2020).
Contacts: Michelle D. Coleman, Peter Eyre, Stephen J. McBrady, Nicole Janigian Simonian, Thomas P. Gies
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"No Recovery Under EAJA for Employee’s Costs Working on an Appeal,"
Government Contracts Bullet Points
(February 28, 2020).
Contacts: Stephen J. McBrady, Michelle D. Coleman
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"Double Take: The DoD OIG Recommends Attempting to Recoup $43 Million in Purportedly Expressly Unallowable Costs Not Previously Disallowed,"
Government Contracts Bullet Points
(February 13, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Charles Baek, Catherine O. Shames
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"Application of the Spearin Doctrine Entitles Contractor to Recover FCA Litigation Costs,"
Government Contracts Bullet Points
(February 7, 2020).
Contacts: Stephen J. McBrady, J. Chris Haile, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, John Nakoneczny
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"Protecting Work Product: When the Threat of Litigation Is Too Remote for Privilege,"
Government Contracts Bullet Points
(February 6, 2020).
Contacts: Nicole Owren-Wiest, Stephen M. Byers, Skye Mathieson, Michelle D. Coleman, Charles Baek, John Nakoneczny
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"ASBCA's FY19 Report – a Look at the Numbers,"
Government Contracts Bullet Points
(February 4, 2020).
Contacts: Stephen J. McBrady, Charles Baek, Michelle D. Coleman, Skye Mathieson
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"Curing Claim Certification Defects No Longer Limited to Technical Defects,"
Government Contracts Bullet Points
(January 8, 2020).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, John Nakoneczny
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"Secretary of Defense Esper Calls on Private Sector to Join Forces with DoD in the Development of AI,"
Government Contracts Bullet Points
(November 21, 2019).
Contacts: Adelicia R. Cliffe, Maria Alejandra (Jana) del-Cerro, Kate M. Growley, CIPP/G, CIPP/US, Laura J. Mitchell Baker, Michelle D. Coleman
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"Approved: E-Signatures for CDA Claim Certifications Receive the ASBCA’s Stamp of Approval,"
Government Contracts Bullet Points
(October 30, 2019).
Contacts: Stephen J. McBrady, Michelle D. Coleman, Skye Mathieson, John Nakoneczny
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"Government Charged With Knowledge of Unapproved Subcontractors Listed on Invoices,"
Government Contracts Bullet Points
(October 2, 2019).
Contacts: Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman, Charles Baek, Catherine O. Shames
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"Snooze You Lose: ASBCA Denies Appeal Seeking Payment for Employee Paid "To Do Nothing" During Stop Work,"
Government Contracts Bullet Points
(October 1, 2019).
Contacts: Stephen J. McBrady, Michelle D. Coleman, Skye Mathieson, John Nakoneczny
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"ASBCA Rejects the Government’s Use of "Prior Material Breach" Affirmative Defense,"
Government Contracts Bullet Points
(September 24, 2019).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman, Skye Mathieson
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"NIST Announces Plan for Federal Engagement in Artificial Intelligence,"
Government Contracts Bullet Points
(September 20, 2019).
Contacts: Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff, Laura J. Mitchell Baker, Michelle D. Coleman
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"COFC Finds it Lacks Jurisdiction to Hear Bid Protest Challenging Evaluation and Award of Prototype OTA,"
Government Contracts Bullet Points
(September 9, 2019).
Contacts: Jonathan M. Baker, John E. McCarthy Jr., Michelle D. Coleman, Stephanie L. Crawford
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"REA or Claim? Substance Over Form,"
Government Contracts Bullet Points
(July 31, 2019).
Contacts: Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman, Charles Baek
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"Federal Circuit Clarifies When Affirmative Defenses Must Be Submitted as Claims, and When Interest Runs,"
Government Contracts Bullet Points
(July 17, 2019).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Skye Mathieson, Michelle D. Coleman, Charles Baek
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"A New Frontier: ASBCA Issues First Ever CPAR Decision on the Merits,"
Government Contracts Bullet Points
(June 24, 2019).
Contacts: Stephen J. McBrady, Skye Mathieson, Nkechi Kanu, Michelle D. Coleman
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"The U.S. Announces Endorsement of OECD’s Principles for Responsible AI,"
Government Contracts Bullet Points
(June 4, 2019).
Contacts: Kate M. Growley, CIPP/G, CIPP/US, Kris D. Meade, Rebecca L. Springer, Laura J. Mitchell Baker, Michelle D. Coleman
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"ASBCA Holds that Transmission Emails are "Part of the Same Transaction" as Mods for Plain Meaning Purposes,"
Government Contracts Bullet Points
(May 24, 2019).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Michelle D. Coleman, Skye Mathieson
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"Don’t Sleep on Discovery, It Could Yield Basis for New Claim,"
Government Contracts Bullet Points
(March 4, 2019).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman, Skye Mathieson
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"Speak Now Or Forever Hold Your Claims,"
Government Contracts Bullet Points
(February 28, 2019).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Michelle D. Coleman, Skye Mathieson
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"The U.S. Takes Steps to Ensure Its Dominance in the AI Arms Race,"
Government Contracts Bullet Points
(February 15, 2019).
Contacts: Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff, Laura J. Mitchell Baker, Michelle D. Coleman
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"Section 809 Panel Weighs in on Ways to Modernize the Board of Contract Appeals,"
Government Contracts Bullet Points
(February 1, 2019).
Contacts: Stephen J. McBrady, Michelle D. Coleman, Skye Mathieson
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"DoD Publishes New Other Transactions Guidance,"
Government Contracts Bullet Points
(December 7, 2018).
Contacts: John E. McCarthy Jr., Jonathan M. Baker, Michelle D. Coleman, Stephanie L. Crawford
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"ASBCA's FY18 Report – a Look at the Numbers,"
Government Contracts Bullet Points
(October 18, 2018).
Contacts: Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman, Charles Baek
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"Cost Disallowance Claim Accrued When the Government Paid Invoices,"
Government Contracts Bullet Points
(September 11, 2018).
Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Michelle D. Coleman, Charles Baek
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"‘Tis the Season: Contracting Officer’s Final Decisions on 2011 Incurred Costs,"
Government Contracts Bullet Points
(July 2, 2018).
Contacts: Stephen J. McBrady, Charles Baek, Michelle D. Coleman, Skye Mathieson
Media Mentions
Firm News & Announcements