Government Contracts MonitorClaims and DisputesHeart of Stone: Board Says “No” To Imperfect AppealsMarch 30, 2015 A recent Postal Service case reminds us how important it is to know how to proceed if your contract is terminated. Clifford B. Finkle, Inc. v. U.S. Postal Service, PSBCA No. 6540 (March 25, 2015). The Postal Service terminated with notice a contract with Clifford B. Finkle Inc. (CBF) who then (i) appealed the termination to the Postal Service Board of Contract Appeals (Board) and… Agency Failure to Answer Clarification QuestionFebruary 23, 2015 A recent decision by the Civilian Board of Contract Appeals (CBCA) demonstrates the importance of both (i) bidders asking questions to clarify potentially ambiguous solicitation provisions, and (ii) agencies providing clear answers to bidder inquiries, definitively resolving any potential solicitation ambiguities. Specifically, in Leeward Construction Corp. v. Department of Veterans… Incumbent Left BehindFebruary 2, 2015 The Government Accountability Office (GAO) recently held that procuring agencies are not required to solicit the incumbent for follow-on Federal Supply Schedule (FSS) work, notwithstanding statutory and regulatory changes designed to enhance competition and provide notice “to as many contractors as practicable.” Technical Professional Services, Inc., B-410640, decided Jan. 20, 2015. GAO… Short Take: Protest Success Rate DecliningJanuary 20, 2015
Lindsay Simmons is responsible for the contents of this Short Take © Jackson Kelly PLLC It’s Dangerous to be Late: Understand Your Appeal RightsOctober 28, 2014 Last month the Armed Services Board of Contract Appeals (ASBCA) affirmed that even a defective termination notice starts the 90-day appeals clock, unless the contractor can establish it was actually prejudiced by the defective notice. In Mansoor International Development, ASBCA No. 58423, September 04, 2014, the ASBCA denied the government’s motion to dismiss the appeal as untimely,… Short Take: Department of Defense Proposes Updates to Improve Disclosure of Public InformationOctober 7, 2014 On September 3, 2014, the Department of Defense (DoD) issued a notice of proposed changes to the DoD’s Freedom of Information Act (FOIA) program, 32 C.F.R. Part 286. The proposed rule seeks to promote uniformity in the program and streamline the process to acquire public records through a FOIA request. Among other things, the proposed rule would amend the DoD FOIA website to make it… If a Prime Contractually Agrees to Sponsor a Sub’s Claims or Protests – Does it End There?September 23, 2014 The recent decision of the Armed Services Board of Contract Appeals (ASBCA) in Binghamton Simulator Co., ASBCA No. 59117, provides an interesting twist on a frequent issue in drafting subcontracts and teaming agreements – namely, how to enable the subcontractor to pursue an appeal of an adverse contracting officer final decision, or file a bid protest, and particularly in the event that the prime… Short Take: Challenging a Default Termination – Be Timely or Be OutSeptember 8, 2014 A recent decision highlights the importance of understanding how and when a contractor can challenge a termination for default. In Guardian Angels Medical Service Dogs, Inc. v. The United States, COFC No. 14-20C, decided August 29, 2014, the contractor did not appeal the Contracting Officer’s (CO’s) default termination to the Court of Federal Claims (COFC) within the required 12 month period and,… Indefinite Quantity Contracts -- Risks and RealismSeptember 8, 2014 Two recent decisions by the Armed Services Board of Contract Appeals (ASBCA) reinforce the importance of understanding both the limitations and risks of indefinite quantity (IQ) or indefinite delivery/indefinite quantity (IDIQ) contracts, and not being blinded by the large dollar numbers frequently contained in the maximum order provision of such contracts. By way of background, and as the… Don’t Forget the Impact of Outstanding Federal Tax Levies When You Settle Claims With the GovernmentAugust 25, 2014 A recent Armed Services Board of Contract Appeals (ASBCA) decision highlights the fact that even if a contractor settles a government contract dispute with an agency, the contractor may never actually receive a dime of the settlement proceeds. ASBCA Nos. 58214, 58215, 58216 & 59231 In Integrity Management Services, Inc., the contractor had a food services contract with the Puerto Rico National… Getting Before the Board of Contract Appeals – Jurisdiction by Agreement?July 25, 2014 In the recent case, Patriot Pride Jewelry, LLC, ASBCA No. 58953 (June 9, 2014), the Armed Service Board of Contract Appeals found that jurisdiction can come from the parties’ agreement, even if the Contract Disputes Act (CDA) would not ordinarily apply. Patriot Pride Jewelry, LLC and the Army & Air Force Exchange Service (AAFES) entered into an AAFES Retail Agreement under which AAFES was to offer… When in Doubt, Make Sure Your Appeal is Filed Within 90 Days!July 16, 2014 It is common knowledge (or should be) among federal government contractors that an appeal of a contracting officer’s final decision on a claim must be filed at the Board of Contract Appeals within 90 days. The recent case, Creek Services, LLC, ASBCA No. 59127 (July 1, 2014), demonstrates how important it is to keep your eye on the calendar.
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