Contractors Cannot Claim Differing Site Conditions When Contract Documents Did Not Attest to the Original Conditions; ASBCA No. 61076, Appeal of Tidewater Inc.November 27, 2018
Signed Contract Modification Terminating Contract Precludes Recovery of Alleged Performance Costs; ASBCA No. 61096, Appeal of Ruby Emerald Construction CompanyNovember 27, 2018
Agency Constructively Changed Construction Contract by Requiring Contractor to Follow Certain Specifications that the Solicitation Left to Contractor’s Discretion; ASBCA Nos. 60454, Appeals of CDM Constructors Inc.November 26, 2018
Agency Not Required to Modify Contract Pricing to Accommodate Contractor’s Financial Crisis; ASBCA No. 60331, Appeal of LKJ Crabbe Inc.November 26, 2018
CAS Certification Issued to One JV Member Insufficient to Satisfy Solicitation Requirement, Even When JV Agreement Says Member Will Provide All Accounting Services; COFC No. 18-1100C, Metrica Team Venture v. United StatesNovember 26, 2018
OHA Appeal Decision Cannot be Appealed; SBA No. NAICS-5969, NAICS Appeal of Aero Spray Inc. d/b/a Dauntless AirNovember 26, 2018
Sale and Leaseback of Contractor Facility Limits Allowability of Costs; CBCA 5642, Adams and Associates Inc. v. Department of LaborNovember 22, 2018
Plaintiff Can Recover Costs for Expert Witnesses When Government’s Position Not Substantially Justified; COFC No. 12-142 C, Quimba Software Inc. v. United StatesNovember 21, 2018
Foreign Ownership Does Not Preclude US Affiliate From Participating in Set-Aside Programs; SBA No. SIZ-5966, Size Appeal of A&Y Government Services LLCNovember 21, 2018
Protester Waited Too Long to Challenge Solicitation’s Alleged Violation of FAA Regulations; COFC No. 18–1474C, Timberline Helicopters Inc. v. United StatesNovember 20, 2018
Steep Drop in Dollar Value Renders Sole-Source Awards a “New” Requirement for Purposes of Inclusion ion 8(a) Program; GAO B-416226, Performance Value Management LLCNovember 20, 2018
Additional Discussions Would Not Have Helped Protester Raise Unsatisfactory Past Performance Rating; GAO B-414461.6, Dell Services Federal Government Inc.November 20, 2018
OPM Has Implemented Many of GAO’s 80 Recommendations, but Over One-Third Remain OpenNovember 20, 2018
Appeals Court Agrees Appellant Had Other Means of Introducing Evidence Without Dumping 40,000 Pages of Documents Into Record During Trial; CAFC 2018-1235, Avant Assessment LLC v. Secretary of the ArmyNovember 19, 2018
Evaluation Cited Concerns with Past Performance of Protester’s Teaming Partner While Ignoring Role of Awardee’s Teaming Partner on Same Project; GAO B-415978.3. Ekagra Software Technologies Ltd.November 19, 2018
Rejected Novation Agreement Renders Offeror Ineligible to Compete for Task Order; GAO B-416650, Engility CorporationNovember 19, 2018
Awardee Did Not Attempt Personnel Bait-and-Switch, but Protester’s Plan to Reduce Hours for Key Personnel Appeared to Circumvent Solicitation Requirements for Full-Time Staff; GAO B-416602, Knight Point Systems LLCNovember 16, 2018
No Requirement That Past Performance, Corporate Experience Be Rated Equally; GAO B-416635, Protection Strategies Inc.November 16, 2018
Allegations Without Evidence Insufficient to Show Bad Faith; GAO B-416617, Sevatec Inc.November 16, 2018
Agency Failed to Provide Proper Notice of Intent to Withhold Funds from Contractor Payments; COFC No. 16-950C, CB&I AREVA MOX Services LLC v. United StatesNovember 15, 2018
