Federal Construction Contracts: Lessons from the Framaco Case

Wiley partners Cara Sizemore and Craig Smith turn the tables on host Scott Felder to explore the growing debate over the government's "right to repair." In this episode, Scott explains the data rights framework that has long governed defense contracting. Topics include whether the Department of Defense already has the tools to repair its own equipment, the challenges of balancing government access to technical data with incentives for contractor innovation, pending NDAA right-to-repair provisions, and what contractors should watch for as agencies seek broader data and license rights.

In this episode, hosts Scott Felder and Brian Walsh talk with Wiley partner Cara Sizemore about the pleading requirements bid protesters face at both the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC). They discuss GAO's post-Warfighter emphasis on "credible allegations supported by evidence," the practical challenges contractors face when developing protest grounds, and recent court decisions underscoring the importance of thoroughly pleading injunctive relief factors. They also share practical guidance for avoiding common pleading mistakes and positioning protests to survive early dismissal and proceed to a decision on the merits.

In this episode, hosts Brian Walsh and Scott Felder talk with Jon Burd, Wiley's Managing Partner-Elect, as he reflects on nearly 20 years as a member of the Government Contracts Practice – including his pivotal work on a landmark aerial refueling tanker bid protest. They also discuss today's rapidly shifting acquisition landscape, where an influx of commercial and defense tech companies is bringing new energy – and new compliance risks – to the federal marketplace. Jon also shares his perspective on how the government is rethinking contracting vehicles and investment strategies to keep pace with emerging technologies while preserving the transparency and fairness that define the system.

In this episode, hosts Scott Felder and Brian Walsh are joined by Jason McCullough, Diana Shaw, and Nick Peterson of Wiley's White Collar Defense & Government Investigations team for a deep dive into congressional investigations and oversight. Drawing on experience in government, enforcement, and private practice, they examine how investigations work in practice, the tools Congress uses, and the key issue areas drawing heightened scrutiny. Tune in for practical insights on how to better prepare for and navigate the legal, reputational, and collateral risks that can arise when Congress comes calling.

In this episode, Scott Felder and Brian Walsh break down what the FAR and DFARS overhauls actually mean for contractors' intellectual property and data rights. While headlines suggested sweeping reform, the reality is more nuanced: few substantive changes, some contractor-friendly developments, and several long-standing issues left unresolved. From mixed funding rules to data disclosure exceptions, they highlight what contractors can leverage today – and which unresolved issues may shape future rulemaking.

In this episode, government contracts attorneys Scott Felder and Brian Walsh talk with Megan Brown and Erin Joe of Wiley's Privacy, Cyber & Data Governance Practice to explore today's most pressing cyber risks. Megan and Erin share real world insights from advising clients on major incidents – such as ransomware attacks, nation state operations, data exfiltration, and more. Megan and Erin distill lessons from years of incident response and national security work, outlining how organizations can strengthen governance, manage third party risk, conduct effective tabletop exercises, navigate overlapping reporting requirements, and prepare for growing AI related regulatory scrutiny.

In this episode of Wiley's Government Contracts podcast, Wiley Partner Scott Felder discusses the complexities of software licensing in government contracts. The group covers key issues like license compliance, terminations, and navigating disputes with government agencies. This episode also highlights the Department of Defense's recent memo encouraging the use of innovative acquisition methods such as Other Transaction (OT) agreements.

In this episode of Wiley's Government Contracts podcast, partners Tracye Howard and Sara Baxenberg discuss the evolving national security concerns surrounding Internet of Things (IoT) modules produced by Chinese companies like Quectel. They delve into the implications of these developments for government contractors, focusing on the recent addition of Quectel to the U.S. Department of Defense's 1260H List and upcoming restrictions from the National Defense Authorization Act (NDAA). The conversation explores the interplay of various regulatory frameworks, potential changes to the FCC's covered list, and the broader implications for supply chains and contracting with the DOD.

In this episode, Wiley attorneys Vesna Harasic-Yaksic and Ira Mirsky dive into the latest developments with litigation over the Corporate Transparency Act (CTA) and potential roads ahead. They also explore its origins, implications for businesses, and complexities of compliance. They discuss reporting requirements, exemptions, and how small businesses, in particular, are impacted.

In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent appeals. Cara shares best practices for contractors, including compliance with notice obligations and how clear documentation can prevent costly litigation.