Bundling of Agency’s Requirements Does Not Violate Government’s Commitment to Small Business Participation; Emergency Planning Management Inc. v. United States, COFC No. 19-1024October 7, 2019
GSA’s Attempt to Deny Validity of Leidos/Lockheed Novation is a Morass of Legalistic Nitpicking; Leidos Innovations Corporation v. United States, CBCA 6303October 7, 2019
Contractor Wins Pyrrhic Victory: Proves Constructive Change but Blows It on Damages; Pacific Coast Community Services, Inc. v. United States, COFC No. 17-854COctober 7, 2019
Federal Acquisition Regulation: Lowest Price Technically Acceptable Source Selection ProcessOctober 7, 2019
Agency Did Not “Double-Penalize” Protester by Assigning Weakness and Imposing Cost Adjustment for the Same Technical Risk; PAE Aviation and Technical Services, LLC, GAO B-417639October 4, 2019
Simultaneous Award of IDIQ and Task Order Does Not Trigger FASA Bar to Court’s Protest Jurisdiction; COFC No. 19-1205, PAE-Parsons Global Logistics Services LLC v. United States and Fluor Intercontinental Inc.October 4, 2019
Argument that Italian JV Failed to Comply with Solicitation Requirements Melts Like Gelato in the Tuscan Sun; Gemmo S.p.A., GAO B-416864.3October 4, 2019
Contractor that Paid Employee to Essentially Stare at the Wall Unable to Convince ASBCA that Employee’s Salary is a Recoverable Cost; Appeal of Advanced Global Resources, LLC, ASBCA No. 62070October 3, 2019
Contractor Plausibly Demonstrated U.S. Improperly Transferred Its Property to Iraqi Government Ownership; COFC No. 17-220C, Kuwait Pearls Catering Co. WLL v United StatesOctober 3, 2019
Agency’s Award of Bridge Contract Not In Conflict with Permanent Injunction; COFC No. 19-55C, ANHAM FZCO v. United States and KGL Food Services WLLOctober 3, 2019
Agency Procuring Services on Behalf of VA Can Skip Rule of Two; Veterans4You, Inc. v. United States, COFC No. 19-931COctober 2, 2019
Government’s Control of a “Holding Account” May Have Turned Subcontractor into a Third Party Beneficiary of the Prime Contract; Fox Logistics and Construction Co. v. United States, COFC No. 18-1395COctober 2, 2019
Protester’s Cost Realism Argument Crashes on the Shoals of Agency Discretion; Highlight Technologies, LLC, GAO B-417620October 2, 2019
Conversion of Termination for Default into Termination for Convenience Terminates ASBCA’s Jurisdiction; Appeal of Moonschein Industries LLC, ASBCA No. 61755October 1, 2019
Requirement to Submit Past Performance References from Subcontractors and Partners Does Not Mean Agency Must Evaluate References from Subcontractors and Partners Equally; K2 Solutions, Inc., GAO B-417689October 1, 2019
Weakness Warranted for Offeror Who Provided Businessy-Sounding Banalities in Response to Agency’s Request for Specifics; IBM Corporation, GAO B-417664October 1, 2019
Inaccurate Information in Copyright Registration—Even Though Unintentional—Negates Contractor’s Infringement Claim; Bruhn NewTech, Inc. v. United States, COFC No. 16-783CSeptember 30, 2019
Challenge to Agency’s Evaluation Under Non-Existent Evaluation Criterion Goes Nowhere; ASRC Federal Data Solutions, LLC, GAO B-417655, B-417655.2, B-417655.3September 30, 2019
Failure to Understand Licensing Terms Torpedoes Copyright Infringement Suit Against the Navy; Bitmanagement Software GmbH v. United States, COFC No. 16-804CSeptember 30, 2019
DFARS – Restrictions on Use of Lowest Price Technically Acceptable Source Selection ProcessSeptember 30, 2019
