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Unsolicited Proposal Offered Solution That Was Neither Unique Nor Innovative; GAO B-416685.6, M3 Partners, LLC
Class Deviation: Customary Progress Payment Rates Based on Costs
Bow to Your King: Government’s Sovereign Immunity Bars Recovery of Interest Contractor Paid on Funds Borrowed to Finance Performance; Doyon Utilities v. United States, COFC No. 19-199C
GAO Rejects Protester’s Hasty Generalization: Awardee’s Alleged Noncompliance with Past Contract Does Not Mean It Won’t Comply With Current Contract; Ace-Federal Reporters, Inc., GAO B-417846.4, B-417846.5
Awardee That Lost Protest and Lost Award Not Entitled to a Stay Pending Appeal; HVF West, LLC v. United States, COFC No. 19-1308C
How Firm is Firm Fixed-Price? Court Needs More Information First; COFC No. 19-1390C, JKB Solutions and Services LLC v. United States
Challenge to Solicitation Term Futile When Contractor Can’t Satisfy Other Requirements; GAO B-418494, DGCI Corporation
FAR Class Deviation: Accelerated Payments to Small Business Contractors and Subcontractors
“Won’t You Stay With Me, Cause You’re All I Need”: Challenge to Override of CICA Stay Fails to Persuade; STG, LLC v. United States, COFC No. 20-283C
Try Harder! Agency Not Required to Make More of an Effort to Locate Protester’s Past Performance Information; ValidaTek-CITI, LLC, GAO B-418320.2
Firm-Fixed Price Does Not Mean Contractor Can Short Deliverables; COFC No.19-1187, Pacific Coast Community Services Inc. v. United States
Lost Rental Income Not A Recoverable Cost; CBCA No. 6655, Woodfield Financial Center LLC v. General Services Administration
Although Claim and Complaint Alleged Different Legal Theories, Contractor Survived Motion to Dismiss By Asserting Consistent Operative Facts—i.e., the Government Was a Trashy Tenant; CanPro Investments Ltd. v. United States, COFC No. 16-268C
Lawyer’s Government Contracts Experience Is Not Distinctive Knowledge or a Specialized Skill that Justifies Fee Award in Excess of EAJA’s Statutory Cap; 2M Research Services, LLC v. United States, COFC No. 17-1638
Claimant that Ran Out of Material Mid-Performance Unable to Prove that Contract’s Material Specifications Were Insufficient; Appeals of East Coast Repair & Fabrication, LLC, ASBCA Nos. 60036, 60988
Debriefing is a Process, Not a Single Date; COFC No. 20-299C, NIKA Technologies Inc. v. United States
Agency-Level Protest Does Not Preserve Pre-Award Protest Rights After Award Decision is Made; COFC No. 19-674, Harmonia Holdings Group LLC v. United States and Dev Technology Group Inc.
FAR Council Proposes Rule on Substantial Bundling
Contractor’s Receipt of Government Estimate and Price Information Not a Violation of Procurement Integrity Act; Appeal of CLC Construction Company, ASBCA No. 59110
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