PubKLaw
Legal news and insights for the government contracts community.

Latest Developments

02/08/2016

Navy’s Risk Mitigation Efforts Did Not Alter Solicitation Requirements, GAO B-412132, ManTech Systems Engineering Corp.

The Government Accountability Office denied a protest over a Navy task order for acoustic and sonar testing, finding that the Navy did not relax the task order requirements when it accepted a riskier, low-cost proposal. ManTech Systems Engineering Corporation protested…
02/08/2016

Raw Number of Evaluated Strengths Is Largely Immaterial In Flight Training Competition, GAO B-410644, L-3 Communications, L-3 Link Simulations and Training

The Government Accountability Office denied a protest over a $90 million contract to upgrade Navy helicopter flight training equipment, rejecting a protester's attempt to add additional evaluated strengths to its already-superior technical evaluation as largely irrelevant to the Navy's tradeoff decision.…
02/08/2016

GAO Sustains Protest Over Unequal Discussions In Negotiation For Army Brush Clearing Contract, GAO B-412208, Cascadian American Enterprises

The Government Accountability Office sustained a protest over a $1 million contract to clear brush and vegetation for the Army Corps of Engineers, finding that the agency improperly conducted discussions with only some of the offerors. Cascadian American Enterprises was…
02/05/2016

BOP, SBA Properly Considered Contractor’s Failure To Perform Or Accept Awarded Contracts, COFC 15-367C, Sims v. United States

The Court of Federal Claims denied a contractor's attempt to protest its elimination from a competition for federal Bureau of Prisons  contracts to offer courses to inmates,  finding that BOP and the Small Business Administration properly determined that the company was…
02/04/2016

VA Can’t Rely On Blanket Denial In Appeal Over Terminated Contract, CBCA 4826, JR Services LLC v. Department of Veterans Affairs

The Civilian Board of Contract Appeals ordered the Department of Veterans Affairs to file a new answer to an appeal over a terminated window replacement contract, saying that the VA's blanket denial of all allegations was "completely inappropriate" and that…
02/03/2016

GAO Sustains Protest Over Task Order To Support FTA Internal Controls GAO B-412398, Castro & Company LLC

The Government Accountability Office sustained a protest of a $2.3 million Department of Transportation task order to help improve the agency's internal financial controls, finding that the agency unreasonably evaluated the protester's past performance and personnel qualifications. Castro & Company…
02/03/2016

Army Should Not Have Considered Past Govt Contracts When Soliciting Commercial Trash Pickup, GAO B-411760, Red River Waste Solutions

The Government Accountability Office sustained a protest over an Army waste management solicitation, finding that the Army's market research - which included reviews of past Army contracts -  did not support its conclusion that it was customary commercial practice to…
02/03/2016

Air Force Overlooked Deficiencies in Awarding $285M Cape Canaveral Support Contract, GAO B-412093, ASRC Communications Ltd

The Government Accountability Office sustained a protest over a $285 million Air Force contract for operations and facilities maintenance support at Cape Canaveral, finding that the Air Force inexplicably removed evaluated weaknesses from the winning bid without addressing its evaluators'…
02/02/2016

ASBCA Denies Contract Claim That Relied On Apparent Forgery of Government Documents,  ASBCA 58422, Appeal of The Life Eye Company

The Armed Services Board of Contract Appeals denied a claim by a company that was contracted to provide electrical equipment and maintenance in Iraq, finding that the company had not proven that the government accepted its work and that two…
02/02/2016

ASBCA Declines To Dismiss KBR Private Security Claims As Time-Barred, ASBCA 58583, Appeal of Kellogg Brown & Root Services Inc.

The Armed Services Board of Contract Appeals denied a government motion to dismiss a Kellogg Brown & Root Services Inc. related to private security costs incurred in the Iraq War, based on a recent Federal Circuit finding that the Contract Disputes…
02/02/2016

Audit Guidance on the Impact of the National Defense Authorization Act on DCAA’s Audit Support to Non-Defense Agencies, DCAA Memo

The Defense Contract Audit Agency will stop providing audit support to nondefense agencies until it cuts down its backlog of incurred cost audits, according to a recent memo to regional directors. The 2016 National Defense Authorization Act prohibits DCAA from providing…
01/29/2016

Bidder’s Assumption of Future Negotiations Didn’t Deviate From Fixed-Price Solicitation, GAO B-412163, Dev Technology Group

The Government Accountability Office denied a protest over a DHS task order for agile IT development, finding that the awardee did not deviate from the solicitation's fixed-price requirement by assuming that it could renegotiate future prices if circumstances changed. Dev…
01/29/2016

Protest Sustained When Awardee’s Proposal Fails To Include Required Field and War-Zone Linguistic Services, GAO B-411481.3, Matter of AllWorld Language Consultants, Inc.

GAO sustained a protest over an Air Force contract for linguistic services, finding that the winning proposal did not meet specific personnel requirements for in field and war-zone services. AllWorld Language Consultants, Inc. protested the issuance of a task order to…
01/29/2016

Postal Service Board Does Not Have Jurisdiction to Hear Case Where Contractor Failed to State Sum Certain in Claim, PSBCA No 6603, Patrick M. Murray v. United States Postal Service

The Postal Service Board of Contract Appeals granted the government’s motion to dismiss in a case brought by a contractor seeking adjustments in its contract, finding that the contractor did not file a claim with a sum certain required in…
01/29/2016

FAR Limitation on Subcontracting Doesn’t Apply When Not Included in Solicitation, GAO B-412277, NCS/EML JV LLC

The Government Accountability Office partially denied and partially dismissed a protest over a Navy equipment maintenance contract, finding that the Navy did not have to follow a Federal Acquisition Regulation clause on subcontracting limitations that it did not include in…
01/28/2016

COFC Lack Jurisdiction Where Contract Failed to Send Certified Claim to Contracting Officer, COFC No. 15-664C, Nexagen Networks, Inc. v. United States

The Court of Federal Claims dismissed a protest for lack of jurisdiction where the contractor improperly filed a certified claim to the court before sending it to the contracting officer and the contractor improperly challenged a task order instead of…
01/28/2016

ASBCA Denies Majority of REA Appeals Finding That The Contractor Did Not Prove Its Allegations, ASBCA Nos. 58479, 58480, 58481 58482, 58483, 58486, 58487, 58488, Appeals of Vistas Construction of Illinois, Inc.

The Armed Services Board of Contract Appeals denied a majority of claims brought by a contractor where the contractor sought numerous damages resulting from delays, finding that, despite a 44-volume request for equitable adjustment, the contractor did not demonstrate that…
01/28/2016

Contractor Can Recover Costs in Change Order Requiring Overtime and Reperforming Almost Completed Work, ASBCA No. 58809, Appeal of BAE Systems San Francisco Ship Repair

The Armed Services Board of Contract Appeals ruled in favor of a contractor seeking an appeal of a denied claim, finding that the contractor was entitled to a majority of its claim when the government issued a modification requiring additional…

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