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.
Insights
Client Alert | 2 min read | 09.03.25
DOJ and DHS Announce Cross-Agency Trade Fraud Task Force
On August 29, 2025, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) launched a cross-agency Trade Fraud Task Force to expand efforts to target importers and other parties committing trade-related fraud. As stated in a press release issued on August 29, the Task Force will augment the existing coordination mechanisms within the DOJ and DHS, for instance through partnerships with CBP and Homeland Security Investigations, to “aggressively” take enforcement measures against parties that commit tariff evasion or attempt to smuggle prohibited goods into the U.S.
Client Alert | 5 min read | 09.03.25
If You’re Not First, You’re Last: Federal Circuit’s First Review of an AIA Derivation Proceeding
Client Alert | 2 min read | 09.03.25
Client Alert | 6 min read | 09.02.25
Landmark Proposed Rule May Open American Skies to Expanded Commercial Drone Deployments