Thursday, November 26, 2020

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Contractor Alleged It Was Coerced Into Terminating Contract, But ASBCA Finds No Reasonable Fact...

Government’s motion for summary judgment on contractor’s appeal is granted. The contractor alleged it had been coerced into agreeing to a termination for convenience and into releasing its claims against the government. But the ASBCA found these allegations far-fetched. The contractor had actually proposed to terminate, so it was difficult for the board to believe […]
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COFC Allows Contractor to Depose Government Regarding Agency’s First Article Testing; Ehren-Haus Industries, Inc....

Government’s motion for a protective order is granted in part and denied in part. The contractor filed a claim seeking costs incurred as a result of the government’s delay in conducting first article testing. The contractor noticed a deposition for a witness to testify about the government’s procedures in conducting first article testing. The government […]
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Government Contractor’s Ties To Affiliate With Antitrust Law Violations Endangers Its Multi-Billion Dollar Contract...

Vinson & Elkins – The intersection of government contracting and antitrust law keeps making the news. In a companion set of bid protest decisions released in October 2020, the Government Accountability Office (“GAO”) recommended reconsideration of a multi-billion dollar contract award on the grounds that the federal agency awarding the contract failed to adequately consider […]
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Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications

By D. Bryan Thomas & Amandeep S. Kahlon of Bradley Arant Boult Cummings Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided by the Kentucky Transportation Cabinet Divisions of Construction Procurement (KYTC). […]
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SBA Dials Back on 8(a) Program “Immediate Family” Restrictions

Koprince Law – If you’ve been interested in applying to the SBA’s 8(a) Business Development Program, but have a close family member who has already participated in the 8(a) Program, SBA’s message–until now–has been, for the most part, “thanks, but no thanks.” But in a new rule taking effect on November 16, 2020, SBA has dialed […]
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Congressional Leaders Are Cautiously Optimistic They Can Avoid More Stopgap Funding This Year

Top negotiators say they have made some progress in setting line-by-line funding for federal agencies, but some barriers remain. More at Government Executive
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NASA SEWP in 2020

This week on Off the Shelf, Joanne Woytek, program director for NASA SEWP, recaps NASA SEWP’s FY 2020 performance in supporting customer agency IT needs. In FY 2020, NASA SEWP saw almost 40% growth in obligations topping more than $9 billion, and processing more than 46,000 orders for customer agencies world-wide. Woytek addressed the growth, […]
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Proposal Condemned by Generalities and Lack of Detail; Perspecta Enterprise Solutions, LLC, GAO B-418870.6,...

Protest challenging agency’s technical evaluation is denied. The protester argued that its proposal should not have been found technically unacceptable based on significant weaknesses...

Prime Contractor’s Settlement of Litigation with Subcontractor Did Not Negate Prime’s Claims Against the...

Government’s motion to dismiss portions of appeal is denied. While the appeal was pending, the claimant settled litigation with its subcontractor. The government claimed that as a result of the settlement one of the contractor’s claims was barred by the doctrine of judicial estoppel, which prevents a party from taking inconsistent legal positions in two […]
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Second Appeal Does Not Relate Back to a Previous Appeal If the Previous Appeal...

Government’s motion to dismiss appeal for lack of jurisdiction is granted. The contractor appealed a termination for default, asserting a waiver defense. While the waiver appeal was pending, the contractor submitted a claim to the contracting officer asserting a delay defense to the termination. The ASBCA ruled in favor of the government on the waiver […]
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