Agreement with Surety Bond Holder Does Not Waive Contractor’s CDA Rights; ASBCA Nos. 60462, Ikhana, LLCNovember 8, 2017
Court of Federal Claims Finds No Jurisdiction to Hear Cooperative Agreement Breach of Contract ClaimNovember 8, 2017
Protester Does Not Need Current Contract to Challenge Insourcing Decision; COFC No. 17-824C, Loomacres Inc. v. United StatesNovember 7, 2017
Offeror Fails to State A Claim Against Government For Misevaluating And Misappropriating Proprietary Information From His Unsolicited Proposal; COFC No. 17-417C, Brian X. Scott v. United StatesNovember 7, 2017
Congressional, Executive, and Legal Developments for Government Contractors to Consider – October 2017November 7, 2017
OHA Confirms Size Eligibility Is Determined on Date for Initial Offers, Not Date for Final Proposal Revisions; SBA No. SIZ-5851, Stellar Innovations and Solutions Inc.November 6, 2017
Agency’s Attempt to Shift Its Contractual Responsibility to Execute Utility Agreement Breaches Implied Duty of Good Faith and Fair Dealing and Causes Performance Delay; COFC 13-1023 C, MW Builders Inc. v. United StatesNovember 6, 2017
Enhanced DoD Debriefing Requirements in the Senate Version of the FY 2018 NDAA May Reduce Bid ProtestsNovember 6, 2017
Attempted Retraction of Online Bid Unsuccessful Where IFB Terms Clearly Precluded Retraction, and Offeror Failed to Conduct Due Diligence Before Bidding; U.S. Court of Federal Claims Case No. 16-420C, Zebel LLC v. United StatesNovember 3, 2017
RFPs Not Required to Eliminate All Risk or Remove Every Performance Uncertainty; GAO B-414962, B-414962.2, Owl, Inc.; MLB Transportation Inc.November 3, 2017
Oral Statements That Contradict Solicitation Do Not Legally Bind Agency to Evaluation Criteria; GAO B-415029, Technology and Telecommunications Consultants Inc.November 3, 2017
So You’re Finally Compliant with the DFARS and NIST Requirements, but Are Your Subcontractors?November 3, 2017
Default Termination Converted to One for Convenience Where CO Relied on Non-Existent Contractual Obligations; ASBCA No. 58623, Asia Commerce NetworkNovember 2, 2017
Binding Arbitration Agreements for Key Employees Must Be Examined Prior to Award; GAO B-414902, L3 Unidyne, Inc.November 2, 2017