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Will Cyber War Come to a Contract Near You?

Client Alert | 1 min read | 02.01.12

Cyber war has arrived: Sec. Panetta warns of a "digital Pearl Harbor," the Stuxnet cyber missile penetrates Iran's Bushehr nuclear facility, and cyber attacks shut down power grids in other countries, as discussed in David Bodenheimer's article "Cyberwarefare in the Stuxnet Age: Can Cannonball Law Keep Pace with the Digital Battlefield?" in the ABA's SciTech Lawyer. Focusing on what cyber warfare means for the private sector, this article explains how government contractors supporting offensive or defensive cyber operations (or even just standing by) face unprecedented and potentially ruinous legal liability for cyber weapons gone awry, multi-billion-dollar class actions for assisting federal agencies in authentication efforts to track down covert cyber adversaries, and huge economic losses when private information networks must be disconnected, shut down, or disabled due to foreign cyber infections or botnets, leaving the private sector to ask who foots the bill.

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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...