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Is Negligent Performance a Tort or Contract Claim?
Government Attempts to Wriggle Out of Contract’s Indemnification Clause. COFC Says Nice Try.
GAO Defines the Meaning of “Comparative Assessment.” It’s More Open-Ended than You’d Think.
Agency Said It Needed More Time for a Final Decision. The Contractor Appealed Anyway. Was the Appeal Premature?
SBA Said Putative Small Business Was Not Affiliated with Microsoft. Why Did OHA Order a Do-Over?
You Can Ask the Agency to Reconsider a Final Decision, But that Doesn’t Stop the Appeal Clock from Running
Protester’s Interested-Party Status Thwarted by Pesky Intervening Offerors
Protester Said FASA Jurisdictional Bar for Civilian IDIQs Applied to a Task Order Issued by a Civilian Agency Under a DoD IDIQ. GAO Didn’t Agree.
Why Did the COFC Think a Contract to Provide Instruction Services to the Military Was a Commercial Items Contract?
GAO Delineates Boundary Between Technical Experience and Past Performance
Government Said Claim Was Barred by Accord and Satisfaction. Why Wasn’t ASBCA Convinced?
Protester Attempts Sisyphean Task of Arguing for Additional Strengths
COFC Says Protester Doesn’t Need to Exhaust Administrative Remedies Before Challenging USPS Award
ASBCA Rejected Government’s Sovereign Acts Defense But Finds Contractor Is Not Entitled to COVID-Related Costs
COFC Opined that Evaluation Was “Sloppy” But Not Sloppy Enough to Sustain a Protest
Termination Notice Didn’t Include Notice of Appeal Rights. Why Didn’t the Federal Circuit Think the Deficiency Was a Big Deal?
CBCA Dismissed Appeal, Finding Software Licensor Was Not Party to a Procurement Contract. Why Did the Federal Circuit Reverse?
How Did this Protester Waive Its Right to Challenge a Corrective Action?
Protester Submitted Same Proposal It Used in an Earlier Procurement. Did the Agency Err in Rating the Proposal Lower the Second Time Around?
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