On June 14, 2016, the Senate passed the National Defense Authorization Act for Fiscal Year 2017 (NDAA). The Senate bill would change two important aspects of bid protests filed with the Government Accountability Office (GAO).
First, the Senate NDAA would impose a “loser pays” scheme on bid protests. Specifically, the new language would require… Continue Reading
Recently, the Washington Court of Appeals potentially expanded the scope of tort duties owed by design professionals. In a May decision, the court held that an engineer’s duty of care to developers and property owners encompasses “the prevention of safety risks” even when no personal injury or property damage has resulted from claimed deficiencies. See… Continue Reading
A recent Armed Services Board of Contract Appeals (ASBCA) decision discusses the Severin doctrine and its impact on subcontractor pass-through claims, confirming that this defense to liability may only be used in very limited circumstances by the Government. As a refresher, in a 1943 decision, Severin v. United States, the Court of Claims… Continue Reading
In 2015, the Alaska Department of Transportation and Public Facilities significantly amended the claims provision of its Standard Specifications—105-1.17. The amendments incorporate language from the standard conditions which had previously been utilized for public facilities construction and which had previously been upheld by the Alaska Supreme Court in North Pacific Erectors, Inc. v State Department… Continue Reading
The Armed Services Board of Contract Appeals recently denied a contractor’s application for attorney fees and expenses under the Equal Access to Justice Act
Although denial of a petition for attorney fees under EAJA is not necessarily remarkable, this case serves as a stark reminder that a contractor may not qualify as a “prevailing party”… Continue Reading
This week, Law360 profiles our very own Lisa Marchese, a partner in our Government Contracts Counseling and Litigation Group.
Lisa joined Davis Wright Tremaine in January, 2015, having spent the previous seven years as the Trial Department Head for the Seattle and Anchorage offices of Dorsey & Whitney. Since earning her J.D. from Georgetown… Continue Reading
On Wednesday, February 11, 2016, DWT Partner Jonathan DeMella presented on a number of recent regulatory changes and judicial decisions that significantly affect those that are small business government contractors as well as large business in joint ventures or teaming agreements with a small businesses.
These changes and developments involve:
Small Business Mentor Protégé Program… Continue Reading
In a move that highlights the changing winds of federal cybersecurity policy, the Department of Defense (“DoD”) has issued an interim Rule (“Rule”) that imposes new security and reporting requirements on federal contractors, and new requirements for DoD cloud computing contracts.
The Rule requires federal contractors to report cyber incidents that result in an actual… Continue Reading