COFC Interprets Peculiar Statute of Limitations in CDA’s Anti-Fraud Provision, Finds Limitations Period Only Stops Running When Court Makes Fraud Determination, Not When Government Files a Claim; Lodge Construction, Inc. v. United States, COFC Nos. 13-499, 13-800May 6, 2021
Contractor Can’t Recover Under Constructive Change Theory If It Didn’t Actually Perform the Changed Requirements; Pacific Coast Community Services, Inc. v. United States, Fed. Cir. 2020-1219May 6, 2021
Court Finds Agency Created a “Platypus of a Procurement,” Drawing Bits from both FAR Parts 13 and 15, But Protester Could Not Argue It Was Surprised by the Amalgamation; Rocky Mountain Mobile Medical v. United States, COFC No. 20-1936CMay 6, 2021
GAO Finds that Protest Challenging Award of Smokejumper Contract Is All Smoke, No Fire; Leading Edge Aviation Services, Inc., GAO B-419427May 6, 2021
Federal Circuit Affirms that Agency Does Not Breach Duty of Good Faith by Declining to Order Work Beyond IDIQ Contract’s Minimum Guarantee; Future Forest, LLC. v. Secretary of Agriculture, Fed. Cir. 2020-2039May 5, 2021
Agency Not Required to Seek Clarification of Protester’s “Editing Error”; Golden Key Group, LLC, GAO B-419001May 5, 2021
Agency Reasonably Considered How Proposed Teams Would Function Together Even Though It Was Not Stated Evaluation Criterion; VxL Enterprises, LLC, GAO B-149467.2May 5, 2021
Awardee’s Failure to Include OEMs or Product Numbers in Proposal Not a Material Omission; National Capitol Contracting, LLC, GAO B-41842.3May 5, 2021
ASBCA Declines to Hear New Arguments Raised in a Motion for Reconsideration; Appeals of CDM Constructors Inc. ASBCA Nos. 62026, 62088, 62089May 5, 2021