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Award Fee Determination Must Be Made By Designated Official

Client Alert | less than 1 min read | 01.29.07

As part of the long-running saga of the operation of the Rocky Flats Nuclear Weapons Plant in Colorado, the Court of Federal Claims in The Boeing Co. v. United States. (Jan. 17, 2007) has held the Department of Energy in breach because, after the initiation of an investigation of the contractor, the Secretary's office mandated lower award fees than DOE's Rocky Flats Manager had independently determined. Restoring the independent determinations, the court found that, when the contract specifies the individual who is to make the determination (here the Manager), his superiors may not override that determination without breaching the contract.

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Client Alert | 2 min read | 03.23.26

ACTS Survey Compliance Deadline Temporarily Extended: What Higher Education Institutions Need to Know

On March 13, a Massachusetts federal district court temporarily blocked the Trump Administration from requiring higher education institutions to respond to the Admissions and Consumer Transparency Supplement (“ACTS”) survey — a new data collection effort mandating that institutions disclose detailed admissions information regarding students’ race and sex to the federal government. In Commonwealth of Massachusetts v. Department of Education, 1:26-cv-11229 (D. Mass.), the court extended the deadline for institutions to respond to the survey from March 18th to March 25th to allow time to consider the case....