No. 20-118

Gregory Greer v. General Dynamics Information Technology, Inc.

Lower Court: Fourth Circuit
Docketed: 2020-08-04
Status: Denied
Type: Paid
Response Waived
Tags: contractor-employee-supervision executive-order-12829 federal-acquisition-regulation federal-acquisition-regulations inherently-governmental-function national-industrial-security-program private-right-of-action security-clearance
Latest Conference: 2020-09-29
Question Presented (from Petition)

I. Is the language of 48 CFR 7.503(d)(13), which is inconsistent with relevant Defense Federal Acquisition Regulations Supplement provisions (DFARS) concerning contractor-employee supervision by governmental employees, vague and untenable juxtaposed with those on point DFARS?

II. Is an inherently governmental function of supervising a United States Department of Defense (DOD) employee by a superior government functionary distinct from the not inherently governmental function of supervising a DOD contractor-employee by such government functionary?

III. As Executive Order 12829 (National Industrial Security Program) [NISP] has been codified in the Federal Register and has the force of law, is a private right of action against the contractor-employer for concealment and misrepresentation of the correct security clearance level maintainable?

IV. Does the lack of debriefing when a DOD contractor-employee is terminated from his or her position violate NISP and create a private right of action to vindicate injuries from such omission?

Question Presented (AI Summary)

Is the language of 48 CFR 7.503(d)(13) vague and untenable?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-19
Waiver of right of respondent General Dynamics Info. Tech., Inc. to respond filed.
2020-07-30
Petition for a writ of certiorari filed. (Response due September 3, 2020)

Attorneys

General Dynamics Info. Tech., Inc.
Christopher E. HumberOgletree Deakins, Respondent
Gregory Greer
Ralph Stephen GreerRalph S. Greer. Esq., Petitioner