Government Contracts Monitor

COFC Enjoins Corrective Action Based on GAO Attorney’s Pre-Decisional E-Mail that COFC Determines Was Wrong and Without a Rational Basis

September 29, 2011

In a recent case at the U.S. Court of Federal Claims (“COFC”) a protestor successfully challenged the procuring agency’s proposed corrective action terminating the protestor’s contract and re-opening the competition. 

COFC Issues TRO Enjoining Contract Start-Up in Postal Service Reverse Auction Case

September 28, 2011

In a recent case at the U.S. Court of Federal Claims Judge Hodges considered what happens when an on-line electronic reverse auction goes wrong and one of only two bidders is unable to see the other’s later low bid, and thus believed it was the winning bidder, only to later learn of the lower bid.

SBA District Office Reviews and Reverses 8(a) Joint Venture Eligibility Determination Based on New Evidence

September 28, 2011

The SBA Washington Metropolitan Area District Office recently reconsidered and reversed an earlier favorable eligibility determination on behalf of an 8(a) joint venture where newly-obtained information during a size protest indicated that the joint venture did not comply with SBA’s 8(a) joint venture regulations at 13 C.F.R. 124.513.

Agencies Rush to Obligate Federal Dollars Before September 30th - Sole Sources Abound

September 26, 2011

In a rush to obligate federal dollars before the end of the fiscal year, there have been a rash of solicitations issued using the simplified acquisition procedures brand name, sole or limited source authority.  FAR 13.106-1(b).

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September 20, 2011

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The Perils of Claims by Sureties against the United States

September 9, 2011

The United States Court of Appeals for the Federal Circuit recently ruled on a variety of legal issues in Lumbermens Mutual Casualty Co. v. United States, Nos. 2010-5086, -5087 (Fed. Cir. Aug. 3, 2011) involving a Miller Act surety’s claims against the United States.  The Federal Circuit’s ruling highlights (i) the need to comply with Contract Disputes Act requirements; (ii) the limited…

Contractors ignoring the SCA and misusing the 8(a) program beware …

September 7, 2011

On July 25, 2011, the United States District Court for the District of Columbia ruled that the plaintiffs in a qui tam action brought against The Kane Company (“the Company”) under the False Claims Act (“FCA”) could proceed with their suit, holding they had adequately stated a claim under the FCA and for fraud. 

The Revolving Door Continues to Create OCI Problems

September 6, 2011

During the procurement under protest in PCCP Constructors, JV; Bechtel Infrastructure Corporation, B-405036(August 4, 2011), a U.S. Army Corps of Engineers (Corps) Chief retired and began employment with the company ultimately selected for the award – CBY.  At the time of his retirement, the Chief held the most senior civilian position within the Corps’ Hurricane Program – the program with…

Organizational Conflicts of Interests Cannot be Based on “Suspicion and Innuendo”

September 6, 2011

The U.S. Court of Appeals for the Federal Circuit recently affirmed the Court of Federal Claims’  (CFC’s) decision regarding an organizational conflict of interest (OCI).  In Turner Construction Co., Inc. v. United States, 2010-5146 (July 14, 2011), Turner had been awarded a construction contract by the Army that was protested based on alleged OCIs arising from merger discussions between Turner’s…

NCLN20 COFC Case Provides Cautionary Tale for Small-Business Contractors

September 1, 2011

A recent U.S. Court of Federal Claims (“COFC”) case is a veritable “horror story” of what can happen to a small-business contractor that is not fully ready to perform and that expects – perhaps based on its past experience with agency contracting personnel – that a “friendly” contracting officer (“CO”) will exhibit patience towards the contractor. Sadly, and notwithstanding the court’s…

Contracts executed and performed entirely outside the United States – CAS now applies!

August 26, 2011

The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, has issued a final rule eliminating the exemption regarding Cost Accounting Standards for contracts executed and performed entirely outside the United States, its territories, and possessions. 76 Fed. Reg. 49365-49368 (Aug. 10, 2011). The new rule takes effect October 11, 2011.

The overseas exemption was…

Are Your Researchers Giving Your IP Away for Free?

August 26, 2011

According to a recent Supreme Court decision, the answer may be “Yes” if you’re relying too heavily on the standard patent clause to protect your rights.

Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., involved a patent infringement battle over HIV testing technology developed by a Stanford University researcher after he worked at a private company to…