Articles
🔒 Members Only · Protests & Claims BriefYou’ve reached the member portion of this brief.Members read the full analysis and the source documents in every Brief, six days a week.
From Rags to (Evidentiary) Glitches: Contractor Sought Summary Judgment on Claim Under Contract for Laundering of Rags, But Motion Was Not Supported by Affidavits, Testimony, or Documents; Appeal of Lavender Co., ASBCA No. 62163
Class Deviation—Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Contractor Alleged Constructive Change, But Board Finds Company Didn’t Follow Contract’s Terms; Appeal of CBRE Heery, Inc., ASBCA No. 62420
Protester Tries (and Fails) to Argue Self-Negating Tautology: “I’m Not Making a Price Realism Argument, I’m Just Sayin’ the Awardee’s Low Price Indicates an Unfeasible Approach”; Innovative Management Concepts, Inc., GAO B-419834.2, B-419834.3
DFARS Proposed Rule – Modification to Small Purchase Threshold Exceptions
Employee of Subcontractor Can’t Prove He Had an Implied-in-Fact Contract with the Government; Frank Calapristi v. United States, COFC No. 18-612
CBCA: You Can’t File a Claim Before You Become a Government Contractor; 3 Crescent Drive Owner I LLC et al. v. Department of Agriculture, CBCA 6867
Awardee Satisfied Solicitation’s Certification Requirement; First American Business Solutions, GAO B-420002
Federal Circuit Reverses ASBCA, Holds Board Miscalculated the Date on Which Contractor’s Claim Accrued; Triple Canopy, Inc. v. Secretary of the Air Force, Fed. Cir. 2020-2165
Agency Disregarded Solicitation, Conceived of a Different Cost Evaluation Method, and Failed to Meaningfully Assess Costs Between Competing Proposals; Africa Automotive Distribution Services, Ltd., GAO B-418246.6
Appellant Claimed SBA Didn’t Send Size Determination to Preferred Point of Contact, But OHA Finds that Appellant Received the Decision Anyway; Appeal of Red Orange North America, Inc., SBA No. SIZ-6121
Proposed FAR Rule – Accelerated Payments for Certain Small Businesses
Board Has Jurisdiction over Agency’s New Legal Theory on Appeal Even Though It Wasn’t Alleged in Final Decision; Appeal of Northrop Grumman Corporation, ASBCA No. 62165
“Why’d You Have to Go and Make Things So Complicated?”: Certification Requirement in Solicitation Was Not Unduly Restrictive; KPaul Properties, LLC, GAO B-419893, B-419893.6
GAO Reaffirms Difference Between Experience and Past Performance—Offeror Can Have High Experience Rating While Lacking Relevant Past Performance; Primary Care Solutions, Inc. GAO B-418799.3, B-418799.4
Agency Reasonably Found that Past Performance in Hawaii, Alaska and Guam Was More Relevant for Contract in Continental U.S. than for Contract In Europe; Fidelity Decypher Services, LLC GAO B-418542.2, B-418542.3
COFC Stands Athwart the Tide of Blue & Gold Creep and Says “Stop”; VS2, LLC v. United States, COFC No. 21-1028C
No Latent Ambiguity When Protester’s Interpretation of Solicitation Didn’t Actually Differ From Agency’s; AlterG, Inc. GAO B-419936
“Oh Well, Whatever, Nevermind”: Agency’s Lackluster, Slapdash Evaluation Can’t “Withstand Logical Scrutiny”: Marquis Solutions, LLC, GAO B-419891, B-419891.2
Keep reading
