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The Department of Defense has issued an advance notice of proposed rulemaking seeking comments on potential changes to the Defense Federal Acquisition Regulation Supplement for safeguarding, proper handling, and cyber intrusion reporting of unclassified DoD information.
The changes contemplate a new subpart to DFARS Part 204 that implements security measures to safeguard DoD information...
A district court's order vacating a default judgment against a foreign contractor was affirmed by the Court of Appeals for the Eleventh Circuit because the contractor lacked minimum contacts sufficient to support the exercise of personal jurisdiction. The plaintiffs brought a tort suit under state law, seeking damages for the death of their son, a soldier, who was killed in a traffic collision...
Summary judgment on tort claims brought against a defense contractor was denied by the District Court for the Southern District of Texas because the government contractor defense did not bar the claims. The matter involved a contract issued under the Logistics Civil Augmentation Program, which authorized the military to employ civilian contractors to perform selected services during wartime....
The contract price increase for additional work performed under a contract subsequently terminated for convenience was not limited to the contractor's cost and profit, according to the Armed Services Board of Contract Appeals, because contract specifications provided fixed unit prices for the work performed. The parties disputed how to calculate the price adjustment for additional piling and...
The Comptroller General recommended the government reimburse a protester its costs of filing and pursuing a protest because the protest was clearly meritorious and the government did not take prompt corrective action. After the protest was filed, the Government Accountability Office conducted an "outcome prediction" alternative dispute resolution conference in which the cognizant GAO...
The Bureau of Industry and Security has issued a final rule amending the Export Administration Regulations to add ten additional persons to the Entity List (Supplement No. 4 to EAR Part 744) on the basis of EAR 744.11. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from BIS and...
A final rule issued by the Bureau of Industry and Security amends the Export Administration Regulations to revise the controls on certain select agents identified in Export Control Classification Number 1C360 on the Commerce Control List (Supplement No. 1 to EAR Part 774) to reflect changes the Animal Plant and Health Inspection Service, Department of Agriculture, recently made to the Plant...
McKesson Corp. Awarded $977 Million Pharmaceuticals Contract. McKesson Corp., San Francisco, Calif., is being awarded a maximum $977,318,000 firm-fixed-price, prime vendor contract for replenishment pharmaceuticals and other authorized supplies. Other location of performance is Arizona. Using service is Department of Defense. The original proposal was solicited on the Federal...
A motion to bifurcate a proceeding into bid protest and contract phases was denied in part and granted in part by the Court of Federal Claims because there were common elements regarding the government's liability for both the bid protest and breach of contract claim, but the common elements did not extend to determining damages. The “unusual” case combining a bid protest and a...
The government's acceptance of an organizational conflict of interest mitigation plan was unreasonable because the plan lacked sufficient detail and the proposed approaches were fundamentally problematic. The request for proposals for Medicare audit support provided the government would not contract with an entity that "has, or has the potential for, an unresolved [OCI] unless [it]...