PubKLaw
Legal news and insights for the government contracts community.

Latest Developments

05/26/2016

Judge Takes Aim at Unenforceable Boilerplate in USPS Contracts, COFC 14-132, Jennings v. U.S.

A Court of Federal Claims judge refused to dismiss a case over a terminated U.S. Postal Service delivery contract, finding that the contract's "boilerplate" termination provisions were too lopsided to be enforceable and asking USPS to defend its use of…
05/26/2016

$58M Proposal Disqualified for Exceeding Page Limits, GAO B-411934, Tetra Tech AMT

The Government Accountability Office denied a protest over an information technology contract, finding that the National Science Foundation was within its rights to evaluate a $58 million proposal as "unsatisfactory" after taking out pages that exceeded the solicitation's page limit.…
05/25/2016

Employee Strike May Excuse Contractor’s Failure to Perform, CBCA 4079, Asheville Jet Charter and Management Inc. v. Department of the Interior

The Civilian Board of Contract Appeals declined to decide a contractor's claim over its terminated flight services contract, finding that it needed more evidence to determine whether or not the resignation of key contractor employees could be considered a “strike”…
05/24/2016

Small Business Size Standards, SBA Statement Of General Policy

The Small Business Administration (SBA) hereby gives notice of its intended application and interpretation of the interaffiliate transactions exclusion from annual receipts set forth in its Small Business Size Regulations. Effective at the issuance of this notice, SBA will apply…
05/24/2016

Software Provider Not Harmed by Failure to Exercise Contract Options, Fed. Circ. 2015-5074, Northrop Grumman Computing Systems Inc.

The Federal Circuit dismissed an appeal by a Northrop Grumman unit that accused the government of prematurely ending a software contract, finding that the company could not have been harmed because it had already received its full expected profit from…
05/23/2016

U.S. May Have Inserted Itself Into Unpaid Iraqi Government Contract, ASBCA No. 58659, Appeal of Leviathan Corp.

The Armed Services Board of Contract Appeals declined to dismiss a contractor claim over an unpaid contract with the provisional government formed during the Iraq war, finding that the U.S. government may have inserted itself into the contract by attempting…
05/23/2016

Contractor Wins Attorneys’ Fees for Protest that Led to Late Corrective Action, COFC 15-808C, Dellew Corp. v. U.S.

The Court of Federal Claims awarded a contractor its attorneys' fees as a "prevailing party" in a protest over a contract for military logistics support in Hawaii, finding that the U.S. Army only took corrective action after the court indicated…
05/23/2016

Shipping Co. Must File A Claim, Rather Than A Protest, To Dispute Terms of Awarded Bridge Contract, COFC 16-288C, Transatlantic Lines LLC v. U.S.

The Court of Federal Claims dismissed a protest by a company that sought to challenge the terms of its bridge contract for shipping Defense Department cargo, finding that the dispute was a matter of contract administration that could only be…
05/21/2016

Submission for OMB Review; Quality Assurance Requirements

Under the provisions of the Paperwork Reduction Act, Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning quality assurance. Supplies…
05/20/2016

Sample Human Trafficking Compliance Plan Finally Released

This week, the Department of State (“State”), Verité, and other global NGOs, unveiled a sample human trafficking compliance plan and online resource to help contractors comply with the FAR’s anti-human trafficking rule (the “Rule”).  As we have previously summarized, the…
05/20/2016

Contract Award Moots SBA Size Protest, SBA No. NAICS-5731, Appeal of Kaes Enterprises LLC

SBA's Office of Hearings and Appeals dismissed an appeal over a Department of Veterans Affairs small business procurement for services on emergency generators, finding that the dispute was made moot when VA awarded the contract. Kaes Enterprises LLC had appealed…
05/20/2016

TSA Not Required To Use Procurement Contracts for Expansion of Pre-Check Screening, GAO B-412711, MorphoTrust USA LLC

The Government Accountability Office denied a protest over the Transportation Security Agency's decision to expand its pre-check  passenger screening program using "other transactions" rather than procurement contracts, finding that the TSA has statutory authority to enter into the types of…
05/20/2016

Federal Acquisition Regulation: System for Award Management Registration

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to update the instructions for System for Award Management (SAM) registration requirements and to correct an inconsistency with offeror representation and certification requirements.
05/19/2016

CBCA Clears VA of Bad Faith Allegations in Termination of Medical Services Contracts, CBCA 4012, 4013,  5083, Universal Home Health & Industrial Supplies Inc. v. Department of Veterans Affairs

The Civilian Board of Contract Appeals denied an appeal seeking $479,331.85 related to terminated Department of Veterans Affairs task orders for medical equipment and supplies, finding that VA did not act in bad faith and should not have to pay…
05/19/2016

Civil Penalties Inflation Adjustments, SBA Interim Final Rule With Request For Comments

The Small Business Administration (SBA) is amending its regulations to adjust for inflation the amount of certain civil monetary penalty that is within the jurisdiction of the agency. This adjustment is required by the Federal Civil Penalties Inflation Adjustment Act…
05/19/2016

Court Sides With SOCOM in Oft-Protested $150M Procurement, COFC 15-1256C, Res Rei Development Inc. v. U.S. et al.

The Court of Federal Claims denied a protest over a U.S. Special Operations Command contract worth up to $150 million, finding that agency had rationally excluded the protester from the pool of finalists despite its earlier errors in the procurement.…
05/18/2016

Improper Business Practices and Personal Conflicts of Interest, Solicitation Provisions and Contract Clauses, EPA Final Rule

 The Environmental Protection Agency (EPA) is issuing a final rule to make administrative changes to the Environmental Protection Agency Acquisition Regulation (EPAAR). EPA does not anticipate any adverse comments. This direct final rule makes the following changes: (1) Updates the title…
05/18/2016

Failure to Acknowledge Solicitation Amendment Warrants Rejection of Proposal, GAO B-412874, TTCC Inc.

The Government Accountability Office denied a bid protest by an offeror that was eliminated from a competition for airfield grounds maintenance services, finding that the Air Force properly rejected the proposal after the company failed to acknowledge an amendment to…

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