ASBCA Has Jurisdiction to Hear Claim that Agency Engaged in Bait-and-Switch with Contract Extension; ASBCA Nos. 61225, Appeals of Lulus Ostrich RanchOctober 9, 2017
Agency Properly Terminated Contract for Noncompliance, but Owes Contractor for Work Performed Correctly; ASBCA Nos. 58123, Appeals of United Healthcare PartnersOctober 9, 2017
GAO Dismisses Protest Pending Resolution of Related Challenge Before COFC: GAO B-414389.25, CDW Government, LLC et alOctober 9, 2017
Awardee’s Lower Rates Not Evidence of Inadequate Cost Realism Evaluation; GAO B-413974.3, Synergy Solutions, Inc.October 6, 2017
Area Office Must Consider Ostensible Subcontractor Affiliation Even Where Both Firms are Small; SBA No. SIZ-5848, Lost Creek Holdings LLC, d/b/a All-Star Health SolutionsOctober 6, 2017
Agency May Not Unilaterally Modify a Contract’s Payment Terms To Make What it Considers an Equitable Adjustment to Contractor’s Final Fee; CBCA 3876, CH2M-WG Idaho LLC v. Department of EnergyOctober 6, 2017
CPARS Challenge Primer: Formal Claim Required to Appeal Negative Performance EvaluationOctober 6, 2017
Materials Costs Incurred Before Government Approval Not Recoverable in Termination for Convenience; ASBCA No. 60515, American Boys Construction CompanyOctober 5, 2017
Awardee Failed to Address Regulatory Requirements in Crisis Response Plan; GAO B-414766, CR/ZWS LLCOctober 5, 2017
Unusual Reliance on Incumbent as Subcontractor Supports Unfavorable Size Determination; SBA No. SIZ-5850, Automation Precision Technology LLCOctober 5, 2017
Statutory Terms Supporting Breach Claim Not Read Into Contract; COFC No. 17-188C, James M. Fogg Farms, Inc. v. United StatesOctober 4, 2017
Amended Answer Asserting New Affirmative Defense and Fraud Counterclaims Allowed When Facts First Learned in Discovery; COFC Nos. 13-500C, The Hanover Insurance Co. v. United StatesOctober 4, 2017
Information Arising from Events After Protest Decision Does Not Provide A Basis for Reconsideration; GAO B-414410.3, Epsilon Systems Solutions Inc.October 4, 2017
ASBCA Holds That Contractor Entitled to Recover Costs of Preparing to Perform, When CO Terminated Contract Before Notice to ProceedOctober 4, 2017
