Litigation

Pandemic Implications for Government Contractors: How the FAR Covers COVID-19

Developed in conjunction with our friends at The Pulse of GovCon, and from the desk of Ryan Bradel, Partner at Ward & Berry PLLC, here is what government contractors should know while navigating the COVID-19 pandemic: I.       Introduction The last week has seen a stunning advance in the breadth of the Coronavirus...
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What the Federal Tort Claims Act (FTCA) Means for Federal Employees

The Federal Tort Claims Act (FTCA) provides a limited waiver of sovereign immunity for claims against the United States for money damages for injury or loss of property caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his or her office or...
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New Rule Issued by the Department of Defense to Restrict Use of the LPTA Selection Process

On September 26, 2019, the Department of Defense (DOD) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to significantly restrict DOD's use of Lowest Price Technically Acceptable (LPTA) source selection procedures. The new rule, which went into effect on October 1, 2019, should not come as a surprise to federal government...
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I’m a small business considering a bid protest. Should I file, and if so, where?

A glance at some relevant data may provide some initial orientation to the landscape. The congressionally mandated FY18 RAND Corporation study on bid protests of DoD procurements found that less than 0.3 % of contracts are actually protested. Of the protests that were filed, more than half of all bid protests were made by...
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