Federal Circuit Holds COFC Erred in Entering Judgment on Claim that Was Never Presented to Contracting Officer; Tolliver Group, Inc. v. United States, Fed. Cir. 2020-234January 4, 2022
Contractor Can’t Recover Loss of Revenue Caused by COVID-19 Pandemic; OWL, Inc. v. Department of Veterans Affairs, CBCA 7184January 4, 2022
Supervision and Training of Armed Guards Does Not Count as “Armed Security Experience”; Vedetta 2 Mondialpol S.p.A, GAO B-420161January 4, 2022
GAO Finds Request for Reconsideration Was a Rehash of Arguments Raised in Underlying Protest; Synergy Business Innovation & Solutions, Inc.–Reconsideration, GAO B-419812.3January 4, 2022
Status Protest Based on a LinkedIn Profile and Inferences Fails to Persuade; CVE Protest of Welch Construction, Inc. Re: Laubacker Enterprises, Inc., SBA No. CVE-210-PJanuary 4, 2022
Protester Claimed It Was Objecting to the Scope of Task Order, But Protest Was Really a Premature Challenge to the Agency’s Acquisition Strategy; Oracle America, Inc., GAO B-420136 et al.January 3, 2022
Parties’ “Minimalistic Approach to Briefing” Precluded Entry of Summary Judgment; BES Design/Build, LLC v. United States, COFC No. 19-1892CJanuary 3, 2022
CBCA Rejects Interpretation that Would Make Portions of Contract Superfluous; Phoenix Management, Inc. v. General Services Administration, CBCA 7091January 3, 2022
Agency Failed to Properly Justify Solicitation’s Brand-Name Restriction; Westwind Computer Products, Inc., GAO B-420119December 17, 2021
Contractor Thought It Was Entitled to Payment for Time Spent On-Site, But CBCA Found tht Payment Was Only Due for Actual Time Spent Working; GCC Technologies, LLC v. Department of Education, CBCA 7129December 17, 2021
ASBCA Finds Government Liable for Delay and Differing Site Condition, Denies Contractor’s Other Claims; Appeals of Harry Pepper and Associates, Inc., ASBCA Nos. 62038 et al.December 17, 2021
GAO Finds Agency Mishandled Discussions and Bungled Price Evaluation; Science Applications International Corporation, GAO B-420005 et al.December 16, 2021
Business Is Not Small Due to Affiliation Through Negative Control; Size Appeal of Swift & Staley, Inc., SBA No. SIZ-6125December 16, 2021
Allegation that Agency Failed to Qualitatively Evaluate Proposals Falls Flat; Analytical Planning Programming Policy & Strategic Integration, LLC, GAO B-420140, B-420140.3December 16, 2021
Parties Submitted Too Much Conflicting Evidence for CBCA to Enter Summary Judgment; NTT Data Services Federal Government, LLC v. Department of Education, CBCA 6887December 16, 2021
Federal Circuit Holds that COFC Erred in Extending Blue & Gold Waiver Rule; Harmonia Holdings Group, LLC v. United States, Dev Technology Group, Inc.December 15, 2021
Awardee’s Proposal Exceeded Page Limitations, But It Wasn’t a Problem for GAO; MindPetal Software Solutions, Inc., GAO B-420070, B-420070.2December 15, 2021
Contract’s Performance Period Is Not a Warranty that Work Can Be Performed in that Period; Appeals of ECC International, LLC, ASBCA Nos. 60165, 60282December 15, 2021
Factual Issues Preclude Summary Judgment in Appeal Arising from Contract for Respiratory Masks; Zach Fuentes, LLC v. Department of Health and Human Services, CBCA 7090December 15, 2021