News & Analysis as of

Federal Acquisition Regulations (FAR) Arbitrary and Capricious

Fox Rothschild LLP

Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists

Fox Rothschild LLP on

Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more

Bradley Arant Boult Cummings LLP

Biden’s Executive Order on Project Labor Agreements Violates CICA

In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more

Wiley Rein LLP

Ninth Circuit Panel Rejects EO 14026 Contractor Minimum Wage

Wiley Rein LLP on

WHAT: The U.S. Court of Appeals for the Ninth Circuit issued a split decision in Nebraska v. Su holding that Executive Order (EO) 14026, commonly known as the $15 contractor minimum wage, exceeded the President’s authority...more

Bass, Berry & Sims PLC

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

Bass, Berry & Sims PLC on

On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more

Fox Rothschild LLP

Challenging CPARS Performance Evaluations through the Contract Disputes Act

Fox Rothschild LLP on

This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more

Morrison & Foerster LLP - Government...

DECEMBER 2021 BID PROTEST ROUNDUP

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in...more

Robinson+Cole Construction Law Zone

District Court Preliminarily Enjoins Majority of Department of Labor “Fair Pay and Safe Workplaces” Final Rule

On October 24, 2016, the U.S. District Court, Eastern District of Texas preliminarily enjoined the majority of the Department of Labor’s Final Rule implementing President Barack Obama’s Executive Order 13673 that imposed...more

Pillsbury Winthrop Shaw Pittman LLP

“Blacklisting” Executive Order Stayed by District Court Judge

On October 24th, 2016, United States District Judge Marcia A. Crone issued a preliminary injunction that suspends the implementation of certain portions of President Obama’s Executive Order 13673, called the Fair Pay and Safe...more

Bass, Berry & Sims PLC

Fair Pay and Safe Workplaces Not “Fair” to Contractors, According to Texas Judge

Bass, Berry & Sims PLC on

On October 24, 2016, U.S. District Judge Marcia Crone granted a preliminary injunction to halt the implementation of the “Fair Pay and Safe Workplaces” Executive Order 13673 (EO 13673), implementing provisions of the Federal...more

Bradley Arant Boult Cummings LLP

ABC Files Lawsuit Challenging “Blacklisting” Executive Order

As we recently reported, the Federal Acquisition Regulatory (FAR) Council has published a final rule, effective October 25, 2016, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting”...more

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