Contractor on the Hook for All Costs Incurred After Stop Work Order; ASBCA No. 60049, Appeal of First Division Design, LLCDecember 4, 2018
Afghan Taxes: Amnesty Program Deadline Creates Urgency for Contractors to Address Longstanding Legal QuestionsDecember 3, 2018
ASBCA Finds that Even if a Site Condition is Inherently Variable, A Contractor Can Recover Under Differing Site Conditions if it Varies More than the Parties Anticipated; ASBCA 58791, Appeals of John C. Grimberg Co. Inc.December 3, 2018
Appellant Delayed Filing Appeal of Size Determination Based on Agency’s Representation That it Wouldn’t Terminate Contract; SBA No. SIZ-5963, Size Appeal of Sentient Digital, Inc. dba Entrust Government SolutionsDecember 3, 2018
Reasonably Inquiry Would Have Shown Protest Grounds Clearly Meritorious; GAO B-415797.3, EG Management Services Incorporated; Desbuild Incorporated—CostsDecember 3, 2018
Lack of Claim Certification an Uncorrectable Jurisdictional Defect; ASBCA No. 61671, Appeal of Sea Cycle Construction CompanyDecember 3, 2018
Complaint That Corrective Action Took Too Long to Complete Not a Valid Basis of Protest; GAO B-416116.2, AboutWeb LLC—Protest and CostsNovember 30, 2018
Agency Reasonably Rejected Offer to Modify Equipment to Meet Brand Name Specification; GAO B-416691, Girton Manufacturing Company, Inc.November 30, 2018
Other-Than-Small JV Partner Renders Company Ineligible for SDVOSB Set-Aside; SBA No. VET-279, Matter of Southern Contracting Solutions III LLCNovember 30, 2018
Dispute Over Existence of Contract Does Not Deprive Board of Jurisdiction to Hear Appeal; ASBCA No. 61505, Appeal of Interaction Research Institute Inc.November 30, 2018
Change to SBA’s Standard for Determining Unconditional Ownership of SDVOSB Moots Appeal of Decision Applying Old Standard; CAFC 2018-1410, Veterans Contracting Group Inc. v. United States and Williams Building Company Inc.November 29, 2018
Agency Unreasonably Assigned Acceptable Rating Where Awardee Failed to Provide Detailed Description of Proposed Tech Team; GAO B-416658, AOC Connect LLCNovember 29, 2018
Time Extension Clause Allows CO to Add Work Without Disturbing Liquidated Damages; ASBCA Nos. 60948, Appeals of American International Contractors Inc.November 29, 2018
Issuance of CO Decision Does Not Remedy Lack of Claim Certification; ASBCA No. 60649, Appeal of Areyana Group of Construction CompanyNovember 29, 2018
Bid Protest Jurisdiction Does Not Cover Early Termination of Bridge Contract, Even When Follow-On is Under Protest; COFC No. 18-1224C, Facility Services Management Inc. v. United States and Shearwater Mission Support LLCNovember 28, 2018
GAO Won’t Consider Protest of Procurement Already Being Challenged in COFC: GAO B-416443.3, Continental Service Group, Inc.; FMS Investment Corp.; TPUSA, Inc.; Pennsylvania Higher Education Assistance AgencyNovember 28, 2018
Awardee Properly Credited for Affiliate’s Past Performance When Affiliate’s Assets Will be Used in Performance; GAO B-414591.6, GM-Bulltrack JVNovember 28, 2018
Agency Warned Protester That FPR Could Not Rely on Information Submitted During Discussions; GAO B-414787.2, McCann-Erickson USA Inc.November 28, 2018
DoD’s Single-Award Approach for JEDI Cloud Procurement Violated No Regulation or Policy; GAO B-416657; Oracle America Inc.November 27, 2018
Court Finds No Evidence of Bad Faith in Agency’s Decision Not to Award Option Years to Incumbent Plagued by Poor Performance; COFC No. 18-670C, OST Inc. v. United StatesNovember 27, 2018
