The Government Contracts Legal Round-Up

Episode 48 | Post-Chevron: A Mixed Bag for Government Contracting Aug 22, 2024

In this episode of the Government Contracts Legal Roundup, Special Counsel Nathan Castellano summarizes the Supreme Court’s Chevron decision as it relates to government contractors.

The Government Contracts Legal Round-Up | Episode 47 May 21, 2024

In this episode of the Government Contracts Legal Round-Up, Partner David Robbins updates contractors on the semiconductor supply chain, cybersecurity news, and claims and bid protests.

David informs suppliers of semiconductors about proposed new rules and Department of Defense contractors about an order regarding reporting cyber incidents. He also recaps claims and bid protests with implications for negotiating contract modifications and releases.

The Government Contracts Legal Round-Up | Episode 46 Apr 23, 2024

In this episode of the Government Contracts Legal Roundup, Parter David Robbins reviews a series of litigation cases, including a claims update and two bid protest cases. David offers key takeaways for government contract practitioners and discusses the implications of the Department of Defense’s continued, expanded use of its “Other Transactions” authority for prototype projects.

The Government Contracts Legal Round-Up | Episode 45 Mar 23, 2024

In this episode of the Government Contracts Legal Roundup, David Robbins reviews a series of cases that have been decided in recent weeks, including the much-anticipated decision in Avue Technologies Corp. v. Department of Health & Human Services.

He also reviews Williams Building Company, Inc. v. Department of State; PDS Consultants, Inc. v. United States and Superior Optical Labs, Inc.; United States ex rel. Hunter v. Fillmore Capital Partners, LLC; and the matters of Expression Networks, LLC and DGCC Corp.

In reviewing these matters, David provides key takeaways for government contract practitioners on matters involving the False Claims Act and Contract Disputes Act, as well as insight on waiver clauses and reminders for those filing suit against the Government Accountability Office (GAO).

The Government Contracts Legal Round-Up | Episode 44 Feb 24, 2024

In this episode of the Government Contracts Legal Round-Up, Partner David Robbins explains how two recent Court of Federal Claims decisions reaffirm that the court will meaningfully review an agency’s proposed corrective action, underscoring that protest litigation before the court can be very different from protest proceedings before the Government Accountability Office (GAO). He also looks at a recent GAO bid protest that was dismissed as untimely, highlighting that contractors should pay close attention to deadlines to avoid disappointment.

Finally, David discusses the Department of Defense’s final rule amending the Defense Federal Acquisition Regulation Supplement pursuant to President Biden’s “Ensuring the Future is Made in America by All of America’s Workers” executive order. He calls out four notable changes to the DFARS that contractors should know about.

The Government Contracts Legal Round-Up | Episode 43 Jan 24, 2024

In this episode, Partner David Robbins discusses the significant proposed rule issued by the Department of Defense implementing Cybersecurity Maturity Model Certification 2.0. David also covers suspension/debarment updates and recent bid protest decisions.

The Government Contracts Legal Round-Up | Episode 42 Dec 21, 2023

In this episode, Partner David Robbins discusses the National Defense Authorization Act for Fiscal Year 2024. David explains a number of provisions that government contractors and grant recipients should be aware of, including those concerned with foreign purchases, cyber security, and greenhouse gases.

The Government Contracts Legal Round-Up | Episode 41 Dec 06, 2023

In this episode of the Government Contracts Legal Roundup, David Robbins shares the mic with Jan Larson, a Co-Chair of the firm’s Insurance Recovery and Counseling Practice. Jan explains how her practice dovetails with the needs of government contractors and all policyholders who seek insurance to recover damages. “The key part,” she tells David, “is you’re helping to bring money back in.”

In addition to his interview with Jan, David provides a quick update on a recent DFARS amendment.

The Government Contracts Legal Round-Up | Episode 40 Oct 24, 2023

Partner David Robbins begins this episode by discussing implications of decisions by the Court of Federal Claims and the GAO. The cases he covers include System Dynamics Int’l, Inc. v. United States; Insight Technology Solutions, LLC; Guidehouse, Inc.; and Zolon PCS II, LLC. He then provides federal grant recipients with takeaways from the OMB’s proposed rewrite of the uniform guidance. He closes by reminding listeners that he will soon publish his Suspension and Debarment By the Numbers analysis for the prior fiscal year.

The Government Contracts Legal Round-Up | Episode 39 Sep 27, 2023

In this robust episode of the Government Contracts Legal Roundup, David Robbins covers a number of current issues in this episode across the government contracts spectrum of issues, including protests, claims, regulatory and investigations. He closes with a cautionary observation about the Department of Justice’s program to pursue criminal prosecutions for sanctions violations.

The Government Contracts Legal Round-Up | Episode 38 Aug 21, 2023

In this episode, Partner David Robbins is joined by Nathan Castellano to talk about Nathan’s naming as a co-author of the seminal Formation of Government Contracts treatise and a contributor to The Nash & Cibinic Report. David then discusses a divergence between COFC and GAO protest practice highlighted by AccelGov, LLC v. United States and also explores two other decisions: KPMG LLP v. United States and B&B Medical Services, Inc.

The Government Contracts Legal Round-Up | Episode 37 Jul 21, 2023

In this episode, Partner David Robbins discusses important cases and developments facing government contractors and grant recipients. He updates listeners on the Percipient.ai protest, which has sparked significant litigation over the scope of Court of Federal Claims bid protest jurisdiction. He also describes the implications of protest decisions in Leidos Inc.; Booz Allen Hamilton Inc. and BOF GA Lenox Park, LLC. David concludes with an “un-human interest story”: proposed legislation that would force contractors to turn over any “non-earth origin” material that intelligence officials have presumably concealed from Congress. What about protection from alien retribution? That, David notes, is not covered in the bill.

The Government Contracts Legal Round-Up | Episode 36 Jun 22, 2023

In this episode, Partner David Robbins highlights the Supreme Court’s recent, unanimous opinion in the SuperValue case, which held that the False Claims Act’s scienter element may take into account a defendant’s knowledge and subjective beliefs. David also covers the new FAR rule that prohibits contractors from using TikTok on certain IT products. Last, David discusses the Federal Circuit’s useful reminder of the de novo standard of review that applies to appeals of the Contract Disputes Act.

The Government Contracts Legal Round-Up | Episode 35 May 19, 2023

In this episode, Partner David Robbins highlights the “quiet” end of the contractor COVID-19 vaccine mandate. He also provides take-aways about proposed revisions to cybersecurity standards issued by the National Institute of Standards and Technology and a new voluntary self-identification disability form issued by the Office of Federal Contract Compliance Programs. Finally, he reviews a Federal Circuit decision about CDA jurisdiction, a claims case – Mid-Atlantic Constr. & Design Assocs., Inc. v. United States – and two protest cases: Aptim-Amentum Alaska Decommissioning, LLC and TechSynap Corp. v. United States.

The Government Contracts Legal Round-Up | Episode 34 Apr 24, 2023

In this episode, Partner David Robbins explains the Department of Defense’s final rule amending the Defense Federal Acquisition Regulation Supplement and provides an update on Gandhi v. CMS, a freedom of information act case. He also outlines recent bid protest decisions that are expected to have an impact on large contractors as well as small businesses.

The Government Contracts Legal Round-Up | Episode 33 Mar 17, 2023

In this episode, Partner David Robbins first recaps the outcome of Aries Construction v. US addressing the relationship between the Contract Disputes Act’s claims submission requirement and contractor claims for breach of the duty of good faith and fair dealing. David then highlights the CPI adjusted penalties for False Claims Act violations, and discusses the intersection of government contracting and artificial intelligence.

The Government Contracts Legal Round-Up | Episode 32 Feb 16, 2023

Partner David Robbins discusses an important FOIA decision about the application of Exemption 4 and recent protest cases in an episode of the Government Contracts Legal Round Up. He also explains the Department of Justice’s summary of False Claims Act (FCA) recoveries for Fiscal Year 2022 and several important revisions to the department’s Criminal Division’s Corporate Enforcement Policy. The policy modifications follow a September 2022 memorandum from Deputy Attorney General (DAG) Lisa Monaco announcing revisions to DOJ’s corporate criminal enforcement policies.

The Government Contracts Legal Round-Up | Episode 31 Jan 19, 2023

In this episode of the Government Contracts Legal Round-Up, Partner David Robbins discusses an important legislative development, as well as bid protest cases with industry-wide implications. He explains the key takeaways from the Preventing Organizational Conflict of Interest Federal Acquisition Act, which President Biden recently signed into law, and outlines what government contractors should be aware of in Ekagra Partners, LLC v. United States and Spatial Front, Inc.

Listen to the episode below.When clients face high stakes matters, complex internal investigations, and strategic transactions, they turn to David Robbins, the co-chair of Jenner & Block’s Government Contracts Practice. As an experienced litigator, investigations lawyer, and strategic business counselor, David advises government contractors, grant recipients, and their owners, executives, and investors. He advises clients on civil False Claims Act defense, parallel civil and criminal fraud enforcement proceedings, whistleblower reprisal defense, compliance, strategic corporate transactions, claims, appeals, and more.

The Government Contracts Legal Round-Up | Episode 30 Dec 15, 2022

In the December 2022 episode of the Government Contracts Legal Round-Up, Partner David Robbins walks listeners through the FAR Council’s proposed rule, which would require federal contractors to publicly disclose greenhouse gas (GHG) emissions and climate-related financial risk, and set reduction targets. He explains the key components and likely implications of the proposed rule, and the contractors to which the rule would apply.

The Government Contracts Legal Round-Up | Episode 29 Nov 22, 2022

Partner David Robbins discusses two final rules released by the Department of Defense that amend the DFARS requirements related to contract cost and pricing. He outlines the new obligation contractors should be aware of under the first rule and the potential to see an increase in the use of cost-reimbursement contracts under the second. Mr. Robbins also explains key takeaways of recent protest cases.

The Government Contracts Legal Round-Up | Episode 28 Oct 24, 2022

Partner David Robbins discusses The Boeing Company v. the United States in Episode 28 of the Government Contracts Legal Round-Up. The litigation could decide the fate of the controversial FAR cost accounting rule and clarify the jurisdictional rules that apply when contractors challenge the validity of FAR provisions and other procurement regulations. Mr. Robbins also shares key takeaways from two important bid protest decisions: Async-Nu Microsystems, Inc., B-419614.5, B-419614.6 and ASRC Federal Data Network Technologies, B-419519.4.

The Government Contracts Legal Round-Up | Episode 27 Sep 08, 2022

Episode 27 of the Government Contracts Legal Round-Up features an unusual FOIA request related to the Department of Labor’s Office of Federal Contract Compliance Program and two notable bid protest and claims cases: G4S Secure Integration LLC, et al., v. United States and The Tolliver Group, Inc. v. United States. Partner David Robbins outlines the issues raised in these cases and key takeaways for contractors seeking to protect information in their EEO-1 Type 2 reports.

The Government Contracts Legal Round-Up | Episode 26 Aug 23, 2022

In Episode 26 of the Government Contracts Legal Round-Up, Partner David B. Robbins leverages his experience as a former acting Suspending and Debarring Official for the US Air Force to provide insights into Senators Warren and Lujan’s recent request regarding the Department of Justice’s use of its debarment authority. He also explains the implications of the latest of a dense line of decisions interpreting FOIA Exemption 4, and significant bid protest and claims cases.

The Government Contracts Legal Round-Up | Episode 25 Jul 18, 2022

In the latest episode of the Government Contracts Legal Round-Up, Partner David B. Robbins discusses two US Supreme Court cases that government contractors should be aware of. Mr. Robbins also outlines key takeaways for recent claims and bid protest cases related to defenses contracting, software licensing disputes, procurements that require performance in foreign countries, and cybersecurity requirements.

The Government Contracts Legal Round-Up | Episode 24 Jun 13, 2022

In the latest episode of the Government Contracts Legal Round-Up, Partner David B. Robbins discusses three bid protest cases: IAP Worldwide Services, Inc. v. United States, AT&T Mobility LLC, and Sehlke Consulting, LLC. Mr. Robbins outlines key takeaways for each case, noting that the IAP Worldwide Services matter may prove to be among the most significant Court of Federal Claims bid protest opinions of 2022.

The Government Contracts Legal Round-Up | Episode 23 May 17, 2022

In the latest episode of the Government Contracts Legal Round-Up, Partner David Robbins, co-chair of Jenner & Block’s Government Contracts Practice, discusses important developments facing government contractors and grant recipients. During the discussion, David explains the Department of Defense’s final rule regarding commercial item determinations and a proposed FAR amendment regarding greenhouse gas emissions.

The Government Contracts Legal Round-Up | Episode 22 Apr 22, 2022

In the latest episode of the Government Contracts Legal Round-Up, Partner David Robbins, co-chair of Jenner & Block’s Government Contracts Practice, discusses the Office of Federal Contract Compliance Programs’ new Contractor Portal, where contractors and subcontractors must register and certify their compliance with Affirmative Action Program requirements. He also explains the implications GSA’s recently published Acquisition Letter, AL MV-22-02: Temporary Moratorium on EPA Clauses, and the government’s decision to stop using Dun & Bradstreet’s Data Universal Numbering System (DUNS) to identify government contractors.

The Government Contract Legal Round-Up | Episode 21 Mar 18, 2022

In the latest episode of the Government Contracts Legal Round-Up, Partner David Robbins, co-chair of Jenner & Block’s Government Contracts Practice, introduces Special Counsel Nathan Castellano, who joined the firm in late February. They discuss Nathan’s background, frequent authorship, and important developments facing government contractors and grant recipients. Mr. Robbins and Mr. Castellano also bring the audience up to speed on recent rulings in claims, bid protests, and developments in False Claims Acts.

The Government Contracts Legal Round-Up | Episode 20 Feb 16, 2022

Partner David Robbins, co-chair of Jenner & Block’s Government Contracts Practice, discusses the important developments facing government contractors and grant recipients in the latest episode of the Government Contracts Legal Round-Up. During the episode, Mr. Robbins brings the audience up to speed on recent rulings on vaccine mandates, recent bid protests, and an important False Claims Act decision, US ex rel Sheldon v. Allergan Sales LLC.

The Government Contracts Legal Round-Up | Episode 19 Jan 15, 2022

Co-hosts Matthew L. Haws and Sati Harutyunyan discuss the implications of the US Supreme Court decision to stay OSHA’s vaccine-or-test emergency temporary standard (ETS). During the episode, Mr. Haws and Ms. Harutyunyan explain what the ruling signals for federal contractors and what to expect as attention shifts back to the lower courts in which the contractor COVID-19 mandate is being litigated.

The Government Contracts Legal Round-Up | Episode 18 Dec 14, 2021

Co-Hosts Matthew L. Haws and Sati Harutyunyan discuss the latest court orders blocking the enforcement of the Biden Administration’s vaccine mandate for federal contractors issued on September 9, 2021 through Executive Order 14042 (EO 14042). During the episode, Mr. Haws and Ms. Harutyunyan walk listeners through the orders’ implications, the path forward in the courts, and what government contractors should be aware of as they considered company level requirements.

The Government Contracts Legal Round-Up | Episode 17 Nov 12, 2021

Host David B. Robbins discusses the latest rule changes and regularly announcements made by the Biden Administration that will impact government contractors and grant recipients. Among those announcements are the deadline extension for government contractors to comply with the COVID-19 vaccine mandate, the US Department of Defense’s Cybersecurity Maturity Model Certification 2.0, and several important changes to the Department of Justice’s Corporate Criminal Enforcement Policies and Practices.

The Government Contracts Legal Round-Up | Episode 16 Oct 22, 2021

Associate Michelle Onibokun joins host David R. Robbins for a conversation about President Biden’s broad mandate for certain government contractors to be vaccinated against COVID-19 and the FAR class deviations to implement those requirements. Mr. Robbins and Ms. Onibokun also discussed the latest bid protest cases contractors should be aware of and the US Department of Justice’s Civil Cyber-Fraud initiative.

The Government Contracts Legal Round-Up | Episode 15 Sep 10, 2021

In this episode, host David B. Robbins focuses on the latest regulatory developments and rules facing government contractors, including the new Executive Order on COVID-19 vaccinations. Mr. Robbins also provides a summary of recent bid protest cases and an update on proposed False Claims Act legislation.

The Government Contracts Legal Round-Up | Episode 14 Aug 13, 2021

In this episode, host David B. Robbins welcomes Associate Michelle A. Onibokun, who recently joined the firm and its Government Contracts Practice. They discuss regulatory developments and rules that have been affected by the COVID-19 pandemic, as well as recent bid protest and claims cases.

The Government Contracts Legal Round-Up | Episode 13 Jul 09, 2021

In this episode, host David B. Robbins welcomes Partner Jeri K. Somers, the former Chief Judge of the Civilian Board of Contract Appeals, who recently joined the firm and its Government Contracts Practice. They discuss Judge Somers’ perspective on what practitioners can do better before the boards of contract appeals.

The Government Contracts Legal Round-Up | Episode 12 Jun 14, 2021

In this episode, host David B. Robbins welcomes Associate Moshe Broder, as they discuss recent GAO bid protest decisions and proposed rules that impact federal government contractors and award recipients.

The Government Contracts Legal Round-Up | Episode 11 May 14, 2021

In this episode, Partner David B. Robbins focuses on the minimum wage increase for federal government contractors, as well as recent bid protest and claims decisions.

The Government Contracts Legal Round-Up | Episode 10 Apr 13, 2021

In this episode, Partner David B. Robbins discusses recent bid protest and claims decisions affecting government contractors and grant recipients.

The Government Contracts Legal Round-Up | Episode 9 Mar 11, 2021

Host David B. Robbins welcomes Partner Cynthia J. Robertson; they discuss a new executive order on America’s supply chains, bid protest and claims decisions, and False Claims Act priorities affecting government contractors.

The Government Contracts Legal Round-Up | Episode 8 Feb 12, 2021

Partner David B. Robbins discusses recent developments affecting government contractors following the numerous executive actions signed after President Biden took office. The host also provides updates on recent bid protests, Board decisions, FAR cases, and DOJ’s False Claims Act statistics.

The Government Contracts Legal Round-Up | Episode 7 Jan 15, 2021

Partners David B. Robbins and Marc Van Allen analyze recent GAO bid protest reports for fiscal year 2020. They also examine a Federal Circuit appeals decision involving data rights, as well as provide updates on Section 3610 reimbursement claims and False Claims Act decisions.

The Government Contracts Legal Round-Up | Episode 6 Dec 16, 2020

Partners David B. Robbins and Marc Van Allen discuss recent developments facing government contractors and the changes to expect in the new year in this episode. They also examine proposed rule changes with the Department of Defense and Small Business Administration, as well as bid protest and ASBCA updates.

The Government Contracts Legal Round-Up | Episode 5 Nov 20, 2020

In this episode, Partners David B. Robbins and Matthew L. Haws examine the consolidation of SBA mentor-protégé programs. They also discuss recent intellectual property developments with the validation of proprietary and technical data, bid protest updates, and a recent Federal Circuit reversal.

The Government Contracts Legal Round-Up | Episode 4 Oct 23, 2020

In this episode, Partners Marc A. Van Allen and David B. Robbins examine the new, and controversial, “Divisive Concepts” executive order prohibiting workplace training materials “teaching that men and members of certain races, as well as our most vulnerable institutions, are inherently sexist and racist.” The hosts also discuss recent case law updates and defective pricing trends.

The Government Contracts Legal Round-Up | Episode 3 Sep 16, 2020

In this episode, Partner Marc A. Van Allen and Special Counsel Carla J. Weiss examine an upcoming interim rule on certain Chinese telecommunication companies that will become effective next month. They also share developments about Section 3610 reimbursements offered by the CARES Act, as well as discuss the Peraton Inc. bid protest decision and recent fraud cases.

The Government Contracts Legal Round-Up | Episode 2 Jul 29, 2020

In this episode, Partners David B. Robbins and Marc A. Van Allen examine a recent US Government Accountability Office (GAO) report. They cover topics with potentially far-reaching impacts for government contractors, including small business subcontracting plans and an interim rule on certain Chinese telecommunication companies. The hosts also welcome Special Counsel Noah B. Bleicher to discuss recent decisions exploring the GAO’s bid protest jurisdiction.

The Government Contracts Legal Round-Up | Episode 1 Jul 07, 2020

This inaugural edition introduces the hosts and covers key FAR changes, international contracting issues, small business set-aside eligibility requirements, overviews of proposed rules, COVID-19 related contracting issues, as well as protests, claims, and court decisions.

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