The Hydra: Why FAR 2.0 May Mean More Litigation
Includes a Live Web Event on 03/18/2026 at 2:00 PM (EDT)
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FAR 2.0 may usher in a "golden age" of procurement litigation. Learn why the FAR is like the mythical hydra. Cut off one head (remove non-statutory rules) only to watch two more rise in its place (additional litigation over new interpretations or more complicated rules for contractors to track). David will discuss concrete examples including FAR 2.0’s treatment of the government control exception to the "Late is Late" Rule. The Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”) disagree about how to interpret language written when computers batched incoming emails once per day. FAR 2.0 could have cleanly resolved this issue. Instead, FAR 2.0 made the landscape even more complicated and preserved the split between GAO and COFC. The result is uncertainty for some contractors, forum shopping, and wasteful doomed protests at GAO.
David P.J. Timm
Partner
Burr & Forman
David P.J. Timm is a Partner in the Burr & Forman Washington, D.C. office. He represents contractors and companies in complex disputes, claims, and bid protests involving federal government contracts. David is the Chair of the Bid Protest Committee for the Federal Bar Association. He serves on the National Association of Surety Bond Producer’s Attorney Advisory Council. He is the Co-Chair for Burr’s AI Committee. He can be reached at dtimm@burr.com or 771-232-1696.
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