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Implied-In-Fact Contract Not Breached by Rational Evaluation; COFC No. 15-719C, Tender Years Learning Corp. v. United States
Incumbent Performance Not Entitled to Special Consideration; GAO B-414773, B-414773.2, Leidos Inc.
CPARS Information Not Protected; COFC No. 17-868C, Torres Advanced Enterprise Solutions LLC
Contractor Entitled to Recover Cost Overruns Where It was Misled by a Solicitation and Contract Plans Prepared By Inexperienced and Cognitively Impaired Agency Employees; COFC No. 13-859C, Magnus Pacific Corp. v. United States
DOE Issues FAR Class Deviation for Whistleblower Protections for Contractor Employees
Agency Properly Rejected Offeror’s Proposal for Failure to Satisfy RFP’s Explicit Bid Bond Requirement; GAO B-41472, Montage Inc.
Appeal of Default Termination Must Be Filed Within 90 Days; ASBCA No. 61031, Elham Ahmadi Construction Company
Protester Failed to Inform GAO Agency Report Not Timely Filed; GAO B-414937.2, TMC Global Professional Services – Reconsideration
ASBCA Has Jurisdiction to Hear Claim that Agency Engaged in Bait-and-Switch with Contract Extension; ASBCA Nos. 61225, Appeals of Lulus Ostrich Ranch
Agency Properly Terminated Contract for Noncompliance, but Owes Contractor for Work Performed Correctly; ASBCA Nos. 58123, Appeals of United Healthcare Partners
GAO Dismisses Protest Pending Resolution of Related Challenge Before COFC: GAO B-414389.25, CDW Government, LLC et al
Awardee’s Lower Rates Not Evidence of Inadequate Cost Realism Evaluation; GAO B-413974.3, Synergy Solutions, Inc.
Area Office Must Consider Ostensible Subcontractor Affiliation Even Where Both Firms are Small; SBA No. SIZ-5848, Lost Creek Holdings LLC, d/b/a All-Star Health Solutions
Agency May Not Unilaterally Modify a Contract’s Payment Terms To Make What it Considers an Equitable Adjustment to Contractor’s Final Fee; CBCA 3876, CH2M-WG Idaho LLC v. Department of Energy
Materials Costs Incurred Before Government Approval Not Recoverable in Termination for Convenience; ASBCA No. 60515, American Boys Construction Company
Awardee Failed to Address Regulatory Requirements in Crisis Response Plan; GAO B-414766, CR/ZWS LLC
Unusual Reliance on Incumbent as Subcontractor Supports Unfavorable Size Determination; SBA No. SIZ-5850, Automation Precision Technology LLC
Statutory Terms Supporting Breach Claim Not Read Into Contract; COFC No. 17-188C, James M. Fogg Farms, Inc. v. United States
Amended Answer Asserting New Affirmative Defense and Fraud Counterclaims Allowed When Facts First Learned in Discovery; COFC Nos. 13-500C, The Hanover Insurance Co. v. United States
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