April 5, 2013
When a claim for equitable adjustment comes down to the qualitative and cost differences between clear and delustered laminate film, sometimes you just have to wonder whether the contractor’s ability to read the plain language of her contract was obscured by the shiny laminate she used. The recent case of Christine Baldridge, v. Government Printing Office, No. 2012-6001 (Fed. Cir. March…
April 3, 2013
According to recent testimony by Tom Leney, Executive Director of the Department of Veterans Affairs (VA) Office of Small and Disadvantaged Business (OSDBU), the VA will no longer consider “transfer restrictions that are part of normal commercial dealings, such as the right of first refusal, do not material affect the ability of a Veteran to unconditionally own and control the business” and,…
April 2, 2013
The FAR Council recently issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to implement the Small Business Administration’s (SBA) revisions to its small business size and status protest and appeal procedures. Although SBA’s revisions to its protest and appeals procedures are not new – they were issued over 2 years ago – the amendments to the FAR are necessary to…
April 1, 2013
A recent Board of Contract Appeals case demonstrates that regardless of how solid a contractor’s past history may be, failure to perform is failure to perform. In Payne Enterprises v. Dept. of Agriculture, CBCA No. 2899 (Mar. 19, 2013), the Board granted the government’s motion for summary relief and denied the appeal of Payne Enterprises, a lumber wholesaler from Kane, Pennsylvania. …
March 28, 2013
The Armed Services Board of Contract Appeals (ASBCA) recently dismissed a $17 million government claim as untimely in Raytheon Missile Systems, ASBCA No. 58011 (Jan. 28, 2013). This is yet another case in a string of recent decisions over the last year (reported here) in which the government’s claim was barred by the 6-year statute of limitations under the Contract Disputes Act (CDA). With…
March 27, 2013
A pinch of romance, a secret international rendezvous, forged identities, and a splash of classified documents – sound like a recipe for the latest Hollywood spy thriller? It’s actually a recent federal criminal complaint filed against a former Army Reserve Lieutenant Colonel – and it’s equally as satisfying.
In United States v. Benjamin Bishop, No.…
March 25, 2013
In responding to contractor claims, the government often raises as a defense the contractor’s failure to first bring a particular issue or claim before the contracting officer. So it was quite refreshing when, in the recent case of Appeal of Lockheed Martin Services, Inc., ASBCA No. 58028 (Feb. 20, 2013), the Armed Services Board of Contract Appeal (ASBCA) denied the government’s motion…
March 21, 2013
In United States v. Garst, No. 12-40109-01-JAR (D. Kansas), an Army veteran and private contractor in Afghanistan was sentenced to 30 months in prison, one year of supervised release, and a $52,117 fine for his role in a kickback scheme with an Afghan contracting company.
Donald Garst, 51, who was in the Army for 4 years and the National Guard for 23 years, was a manager for a private…
March 20, 2013
Last month, we reported on the successful pre-award bid protest, Miles Construction, LLC v. United States, No. 12-597C (Fed. Cl. Feb. 14, 2013). While the majority of the decision and analysis concerned the standards for determining service-disabled veteran-owned small business (“SDVOSB”) status, this case is also noteworthy on due process grounds.
Miles Construction, LLC…
March 19, 2013
The Civilian Board of Contract Appeals (CBCA) recently ruled in favor of the high bidder at a GSA auction for a lemon of a barge on the grounds that GSA failed to disclose issues with the barge and breached its implied duty of cooperation. See Expediters Worldwide USA, Inc. v. GSA, CBCA Nos. 2748, 3237 (Feb. 28, 2013).
The appellant was the high bidder for a large barge that had been used…
March 14, 2013
President Obama recently issued an Executive Order on Improving Critical Infrastructure Cybersecurity that focuses on information sharing and collaboration “to maintain a cyber environment that encourages efficiency, innovation, and economic prosperity while promoting safety, security, business confidentiality, privacy, and civil liberties.” The Order also establishes a volunteer program…
March 12, 2013
Under the Contract Disputes Act, what is necessary to make a “claim”? The statute has three simple requirements, but the U.S. Court of Federal Claims tried to add additional requirements. In Northrop Grumman Computing Systems, Inc. v. United States, No. 2011-5124 (Fed. Cir. Feb. 19, 2013), the Federal Circuit made it clear that there are only three requirements for stating a claim,…
April 5, 2013
When a claim for equitable adjustment comes down to the qualitative and cost differences between clear and delustered laminate film, sometimes you just have to wonder whether the contractor’s ability to read the plain language of her contract was obscured by the shiny laminate she used. The recent case of Christine Baldridge, v. Government Printing Office, No. 2012-6001 (Fed. Cir. March…
April 3, 2013
According to recent testimony by Tom Leney, Executive Director of the Department of Veterans Affairs (VA) Office of Small and Disadvantaged Business (OSDBU), the VA will no longer consider “transfer restrictions that are part of normal commercial dealings, such as the right of first refusal, do not material affect the ability of a Veteran to unconditionally own and control the business” and,…
April 2, 2013
The FAR Council recently issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to implement the Small Business Administration’s (SBA) revisions to its small business size and status protest and appeal procedures. Although SBA’s revisions to its protest and appeals procedures are not new – they were issued over 2 years ago – the amendments to the FAR are necessary to…
April 1, 2013
A recent Board of Contract Appeals case demonstrates that regardless of how solid a contractor’s past history may be, failure to perform is failure to perform. In Payne Enterprises v. Dept. of Agriculture, CBCA No. 2899 (Mar. 19, 2013), the Board granted the government’s motion for summary relief and denied the appeal of Payne Enterprises, a lumber wholesaler from Kane, Pennsylvania. …
March 28, 2013
The Armed Services Board of Contract Appeals (ASBCA) recently dismissed a $17 million government claim as untimely in Raytheon Missile Systems, ASBCA No. 58011 (Jan. 28, 2013). This is yet another case in a string of recent decisions over the last year (reported here) in which the government’s claim was barred by the 6-year statute of limitations under the Contract Disputes Act (CDA). With…
March 27, 2013
A pinch of romance, a secret international rendezvous, forged identities, and a splash of classified documents – sound like a recipe for the latest Hollywood spy thriller? It’s actually a recent federal criminal complaint filed against a former Army Reserve Lieutenant Colonel – and it’s equally as satisfying.
In United States v. Benjamin Bishop, No.…
March 25, 2013
In responding to contractor claims, the government often raises as a defense the contractor’s failure to first bring a particular issue or claim before the contracting officer. So it was quite refreshing when, in the recent case of Appeal of Lockheed Martin Services, Inc., ASBCA No. 58028 (Feb. 20, 2013), the Armed Services Board of Contract Appeal (ASBCA) denied the government’s motion…
March 21, 2013
In United States v. Garst, No. 12-40109-01-JAR (D. Kansas), an Army veteran and private contractor in Afghanistan was sentenced to 30 months in prison, one year of supervised release, and a $52,117 fine for his role in a kickback scheme with an Afghan contracting company.
Donald Garst, 51, who was in the Army for 4 years and the National Guard for 23 years, was a manager for a private…
March 20, 2013
Last month, we reported on the successful pre-award bid protest, Miles Construction, LLC v. United States, No. 12-597C (Fed. Cl. Feb. 14, 2013). While the majority of the decision and analysis concerned the standards for determining service-disabled veteran-owned small business (“SDVOSB”) status, this case is also noteworthy on due process grounds.
Miles Construction, LLC…
March 19, 2013
The Civilian Board of Contract Appeals (CBCA) recently ruled in favor of the high bidder at a GSA auction for a lemon of a barge on the grounds that GSA failed to disclose issues with the barge and breached its implied duty of cooperation. See Expediters Worldwide USA, Inc. v. GSA, CBCA Nos. 2748, 3237 (Feb. 28, 2013).
The appellant was the high bidder for a large barge that had been used…
March 14, 2013
President Obama recently issued an Executive Order on Improving Critical Infrastructure Cybersecurity that focuses on information sharing and collaboration “to maintain a cyber environment that encourages efficiency, innovation, and economic prosperity while promoting safety, security, business confidentiality, privacy, and civil liberties.” The Order also establishes a volunteer program…
March 12, 2013
Under the Contract Disputes Act, what is necessary to make a “claim”? The statute has three simple requirements, but the U.S. Court of Federal Claims tried to add additional requirements. In Northrop Grumman Computing Systems, Inc. v. United States, No. 2011-5124 (Fed. Cir. Feb. 19, 2013), the Federal Circuit made it clear that there are only three requirements for stating a claim,…
