Friday, November 27, 2020

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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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Federal Circuit Holds that Challenge to Agency Decision Removing Contractor from Government Supply List...

Appeal of COFC decision dismissing a protest is vacated in part and affirmed in part. The contractor filed a protest with COFC challenging an...

Miami Airport Fails to Shake Its Body, Fails to do the Conga, and Only...

Appeal of denied claim for rent is denied as untimely. The contractor lease office space to the government. The contractor alleged that the government had continued to occupy some of the space after termination of the lease. The contractor filed a claim to recover rent for the time the government occupied the space. The claim, […]
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Protester Challenging a Solicitation Can’t Recover Costs and Attorneys’ Fees When the Government Cancels...

Request for bid preparation and proposal costs as well as attorneys’ fees is denied. The protester challenged the terms of a solicitation. But two hours after the protest was filed, the agency cancelled the solicitation. The protester requested its costs and fees under the Tucker Act and the Equal Access to Justice Act. The court […]
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CBCA Lacks Jurisdiction to Hear Appeal Filed One Day Late; JAF Supply, Inc. v....

Appeal of denied claim is dismissed for lack of jurisdiction. The contractor filed an appeal of its denied claim with the CBCA more than 90 days after it received the contracting officer’s decision. The board noted that the CDA’s 90-day deadline for filing a notice of appeal is jurisdictional. The board was unable to hear […]
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Proposed Rule: Small Business Size Standards

The U.S. Small Business Administration has proposed to increase its receipts-based small business size definitions (commonly referred to as ‘‘size standards’’) for North American Industry Classification System (NAICS) sectors related to Professional, Scientific and Technical Services; Management of Companies and Enterprises; Administrative and Support and Waste Management and Remediation Services. SBA proposes to increase size […]
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Issues of Fact Concerning Whether “Blocky and Angular” Rock Met Contract Requirements Preclude Summary...

Cross-motions for summary judgment on claim seeking costs incurred as a result of an alleged contract change are denied. The contract required the claimant...

SSA Reasonably Downgraded Rating Assessed by Technical Evaluators; Amaze Technologies, LLC, GAO B-418949 et...

Protest challenging agency’s evaluation of protester’s experience and past performance is denied. The protester alleged the SSA failed to document his disagreement with a...

GAO Can’t Hear Challenge to Award of Task Order Where Task Order Did Not...

Protest objecting to the award of a task order under a multiple-award IDIQ contract is dismissed. GAO can only hear protests of task order issued by a civilian agency when (1) the task order is worth more than $ 10 million, or (2) the protest alleges the task order increases the scope of the IDIQ. […]
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