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 | 6 min read | 08.14.25
Changes in Sunscreen Regulation & Litigation are Heating Up: Updates from Congress to the Courts
In an effort to update and modernize the FDA’s regulation of sunscreen, Representative John Joyce (R-Ohio) and a group of bipartisan members of Congress introduced in June the Supporting Accessible, Flexible, and Effective Sunscreen (SAFE) Standards Act. If enacted, the bill would establish a more flexible regulatory scheme at the FDA, decrease the cost in the approval process and expand the array of sunscreen available for purchase.
Client Alert | 3 min read | 08.14.25
DSIT's latest findings on AI, other emerging technologies and cyber security
Client Alert | 3 min read | 08.13.25
Client Alert | 3 min read | 08.13.25
Faster Audits, More ADR: IRS Rolls Out Significant LB&I Changes
