FEATURE COMMENT: COFC Pushes Back on GAO Waiver and Cost-Realism Analyses
Client Alert | 1 min read | 10.14.21
In a recent alert, we highlighted VS2 v. U.S., in which theCourt of Federal Claims refused to expand the Federal Circuit’s Blue & Gold waiver doctrine and required the Army to consider performance risk in a cost realism evaluation. In a new “Feature Comment” published in The Government Contractor, we take a deeper dive into the Court’s disagreement with GAO and what it means for contractors and agencies going forward. Of particular note, contractors considering capping costs in their proposals should carefully consider when and how agencies may evaluate performance risk; and both protesters and intervenors must stay vigilant and diligently pursue potential protest grounds.
Contacts
Insights
Client Alert | 8 min read | 09.24.25
The Transportation Security Administration (TSA) recently proposed an expanded role regulating unmanned aircraft systems (UAS), or drones. On August 7, 2025, the Federal Aviation Administration (FAA) and TSA published a joint Notice of Proposed Rulemaking (proposed rule), titled Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations (BVLOS). Through this landmark proposed rule, the FAA and TSA aim to provide industry with a clear path forward for streamlined UAS operations for a variety of purposes, including package delivery, agriculture, aerial surveying, civic interest (public safety), and flight testing. Comments on the proposed rule are due October 6, 2025.
Client Alert | 14 min read | 09.24.25
The Middle East’s Big Bet on Artificial Intelligence and Data Security
Client Alert | 4 min read | 09.23.25
A Special Relationship Reboot? The US-UK Tech Prosperity Deal
Client Alert | 7 min read | 09.23.25
