Saturday, July 31, 2021

Subscribers Only

Free

“Contract Language Matters”: Federal Circuit Reverses COFC, Rejects Government’s Attempt to Rewrite Contract, Holds...

COFC decision denying a contractor’s claim is reversed. The dispute involved a contract for road construction. The contract provided that (1) construction waste could...

The Coronavirus Leave Bill Becomes Law – Never Let a Crisis Go to Waste!

On March 18th, 2020 President Donald Trump signed H.R.6201 or the Families First Coronavirus Response Act (FFCRA) after the Senate voted 90 – 8 in the affirmative. The legislation has a few updated provisions since the House voted on it on March 14th. This new lawis a response to the growing coronavirus threat and attempts […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

CAFC Concludes that COFC Improperly Applied Test for Accord and Satisfaction in Denying Contractor’s...

Appeal of a COFC decision on a contractor’s claim for an equitable adjustment is affirmed-in-part where COFC correctly found that the differing site condition was foreseeable. But the COFC decision is also vacated-in-part, where the trial court misapplied the test for accord and satisfaction and failed to properly analyze conflicting evidence on the appellant’s additional […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

GAO Protest Primer: Effective Use of Pre-Award Protests

A recent GAO decision presents a great example of the effective use of a pre-award protest. The protest concerns an RFP issued by the U.S. Department of Agriculture for large air tanker services for wild land firefighting. By filing the protest, the potential offeror (whose fleet of tankers all exceed the solicitation’s size restriction) not only clarified the […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Including Dollar Amount in Claim “Sum Certain”-ly Serious Business

Koprince Law – In a recent case, the Armed Services Board of Contract Appeals, dismissed a claim for lack of jurisdiction because it did not include a “sum certain.” The case is a good reminder of the importance of demanding a specific sum of money for most claims. Read the full post at SmallGovCon
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

When Not to Pass Go and Go Directly to GAO: Decision Highlights Risk...

For contractors who are concerned that filing a bid protest in the Government Accountability Office or Court of Federal Claims may alienate their customer, agency-level protests are a welcome, less-confrontational alternative that allows them to raise their concerns in a discreet, non-public fashion.  But as shown by GAO’s recent decision in GovSmart, Inc. – Protest […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Agency Not at Fault for Late Receipt of Electronic Proposal; GAO B-414216.2, Western Star...

Protest challenging the agency’s rejection of an electronically filed proposal as late is denied, where the protester did not submit its proposal by 5:00 p.m. the day prior to the deadline for receipt of proposals, and therefore was responsible for the delay in its transmission, regardless of whether the agency’s or the protester’s systems were […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Claimant that Ran Out of Material Mid-Performance Unable to Prove that Contract’s Material Specifications...

Appeal alleging that agency’s materials specifications were insufficient is denied. The contract specified that the contractor would need about 5000 sq. ft. of steel plates to replace the structural steel on a Navy vessel. The contractor ran out of steel and thus claimed that the specification was insufficient. The board rejected this argument and found […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

FAR Council Offers Opportunity to Comment on Buy American Act’s Domestic Nonavailability List

K&L Gates – On May 13, 2020, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (the agencies that make up the Federal Acquisition Regulation (“FAR”) Council) published an advance notice of proposed rulemaking to update the list of domestically nonavailable articles under the Buy American Act. Read the full post at […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Protesters Correctly Eliminated from Competition Where Their Subcontracts Incorporated Limitation on Future Contracting; GAO...

Agency’s request to dismiss a protest challenging the elimination of the protesters’ quotations from consideration for award is denied, where the agency’s invocation of the limitation on future contracting provision in an existing contract is a procurement action, not a matter of contract administration, because neither protester was a direct party to the predecessor contract; […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.