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Emily’s practice is focused on government contracts counseling and litigation. Emily provides clients effective, efficient guidance in complex civil litigation matters, with a particular focus on issues impacting federal government contractors.  Emily has represented contractors in the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims, the Small Business Administration Office of Hearings and Appeals, the Armed Services Board of Contract Appeals, the Postal Service Board of Contract Appeals, and in suspension and debarment proceedings.  Emily also assists federal government contractors with contract-related investigations and compliance.

In Seventh Dimension, LLC v. United States, No. 21-2275C (May 11, 2022), the Court of Federal Claims provided detailed guidance concerning the question of “whether, and under what circumstances, the government may cancel a Federal Acquisition Regulation (“FAR”) part 15 procurement and start over from scratch.” Seventh Dimension, LLC was, as the court put it, “the last offeror standing in this contractor edition of Survivor” after filing multiple successful protests of an Army procurement. However, Seventh Dimension was unable to reap the benefits of its hard-fought success because the agency ultimately “decided to pull the plug on the show, cancelling the procurement following a two-year process.” Seventh Dimension challenged the agency’s cancellation decision as arbitrary and capricious, and the Court of Federal Claims agreed.
Continue Reading When can the government cancel a solicitation? 5 things contractors need to know.

Government contractors facing products liability suits may have a number of unique defenses available them, depending on the government’s role in the alleged act or omission giving rise to the plaintiff’s claimed harm. One such defense is the “government contractor defense.” Despite its name, successfully establishing the defense requires proof of more than just a government contract.

Continue Reading The Government Contractor Defense: 10 Things Contractors Need To Know