Clarification or Augmentation? Portions of Amended Complaint Merely Refined Existing Claim, But Other Portions Asserted a New Claim; Appeals of ACC Construction, Co. Inc., ASBCA Nos. 62265 62937November 9, 2021
Government Can’t Assert Accord and Satisfaction Defense When It Continued to Negotiate With Contractor After Alleged Accord; Appeal of WECC, Inc., ASBCA No. 60949November 9, 2021
Promise to Comply With Solicitation Requirements Not Enough to Demonstrate Eligibility for Award; RK Consultancy Services, Inc., GAO B-420030, B-420020.2November 9, 2021
Board Chucks Motion for Reconsideration Like It’s that Chicken Parm You Left in the Fridge Six Weeks Ago; Powertronic Systems Florida, Inc., ASBCA No. 62174November 8, 2021
Dems Da Breaks: Firm May Have Qualified as Small Business for Award of IDIQ Contract, But It had to Recertify Status for Subsequent Task Order Issues as Set-Aside; Size Appeal of 22nd Technologies, Inc., SBA No. SIZ-6122November 8, 2021
ASBCA Doesn’t Let Government Squirm Out of Differing Site Condition Claim; Appeal of Blue Rock Structures, Inc., ASBCA No. 62127November 8, 2021
“And You Could Have It All, My Empire of Dirt”: Claimant Misread Contract as Requiring Agency to Provide a Soil Disposal Area; Baldi Bros., Inc. v. United States, COFC No. 16-536November 5, 2021
Proposals Are Large, They Contain Multitudes: Agency Reasonably Found that Single Aspect of Approach Contained Strengths and Weaknesses; Omnitec Solutions, Inc., GAO B-419675.2November 5, 2021
Agency Gave Due Regard to Impact of Corporate Transaction on Awardee; ICI Services Corporation, GAO B-418255.5, B-418255.6November 4, 2021
ASBCA Can’t Assess a Penalty Against the Government for “Inappropriate Action”; Appeals of D-STAR Engineering Corporation, ASBCA No. 62075, 62780November 4, 2021
Government Moves for Reconsideration of ASBCA Decision, But the Board’s Not Feeling It; Appeals of Assist Consultants Inc., ASBCA Nos. 61525, 62090November 4, 2021
COFC Agrees with GAO: Awardee of Multiple-Award IDIQ Contract Lacks Standing to Challenge Other Awards; Aero Spray, Inc. d/b/a Dauntless Air v. United States, COFC No. 21-1079CNovember 3, 2021
Nopa! Contractor Claimed Inability to Deliver Greek Food Truck was Excusable, But ASBCA Repudiated Argument Like It Was Topped with Rancid Feta; Appeal of Kostas Greek Food – Zorbas, ASBCA No. 62213November 3, 2021
Appeal Sought More than $100,000 But Underlying Claim Sought Less, So Failure to Certify Didn’t Deprive CBCA of Jurisdiction; Nues Inc v. Department of Health and Human Services, CBCA 7165November 2, 2021
Contractor Was Experiencing Stressful Business Conditions, But that Didn’t Mean It Agreed to a Modification Under Duress; LCC-MZT Team IV v. United States, COFC No. 16-1406CNovember 2, 2021
ASBCA Can’t Enjoin Government from Terminating Contract; Appeal of Tactical Network Corporation, ASBCA No. 62963November 2, 2021
Protester Didn’t Object to Agency’s Interpretation of Solicitation During Discussions, Can’t Challenge It After Award; Northrop Grumman Systems Corporation–Mission System, GAO B-419557.2 et al.November 1, 2021
Agency Appropriately Allowed Correction of Bid; RB Construction Company, GAO B-419894.2November 1, 2021
