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Task Order Protest as Breach at The ASBCA

Client Alert | less than 1 min read | 05.28.08

In L-3 Communications Corp., ASBCA No. 54920 (May 5, 2008), the Armed Services Board of Contract Appeals upheld the challenge to the award of a task order for the development and support of F-15 training devices under a breach of contract theory, finding that the cost evaluation approach used by the Air Force denied L-3 its contractual right to a "fair opportunity to be considered." The Board awarded L-3 its bid and proposal costs, but rejected the claim for lost profits and other damages, finding that L-3 had not proven that, but for the evaluation error, it would have been awarded the contract.

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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....