Nonmanufacturer Rule Does Not Apply Absent Evidence Awardee is Not Manufacturer; SBA No. SIZ-5890, Size Appeal of Elliott Aviation Inc.April 13, 2018
Tax Returns Proper Data Source for Considering Awardee’s Size; SBA No. SIZ-5891, Size Appeal of Nordstrom Contracting & Consulting Corp.April 13, 2018
Contractor Liable for Overbilling When It Ignores an Agency Directive Reducing Government’s Requirements; ASBCA No. 58175, Kellogg, Brown & Root Services Inc.April 12, 2018
Contractor Successfully Shifts Burden of Filing CBCA Complaint to Government; CBCA 6049, Transworld Systems Inc. v. Department of EducationApril 12, 2018
Language of Release of Claims More Relevant Than Parties’ Intentions; COFC No. 13-1023C, MW Builders v. United StatesApril 12, 2018
Discovery of Undisclosed Hazardous Materials Support Claim for Compensable Delay; ASBCA Nos. 58550, Appeals of L.C. Gaskins Construction Co. Inc.April 11, 2018
Differences in Agency’s Evaluation of Cost-Reimbursable Labor Rates with Fixed Ceiling Rates Not Evidence of Disparate Treatment; GAO B-415218, Booz Allen Hamilton, Inc.; Altamira Technologies CorporationApril 11, 2018
Contractor Cannot Apply Collective Bargaining Agreement to Task Order Without New Wage Determination; CBCA 5837, Alcazar Trades Inc. v. Nuclear Regulatory CommissionApril 11, 2018
Expiration of Base Contract Period of Performance Does Not Relieve Contractor of Obligation to Complete Work on Fixed-Price Task Order; ASBCA No. 60896, Appeal of Securityhunter Inc.April 11, 2018
CAFC Concludes that COFC Improperly Applied Test for Accord and Satisfaction in Denying Contractor’s Equitable Adjustment Claim; CAFC 2017-1584, Meridian Engineering Company v. United StatesApril 10, 2018
Six-Year Accrual Controlling Even When CO Promised to Pay; ASBCA No. 61178, Appeal of Khenj Logistics GroupApril 10, 2018
Agency’s Out-of-Scope Modification of Contract, which Effectively Transferred Work Being Performed by One Contractor to Another, Violated CICAs’ Requirement for Full and Open Competition; COFC NO. 18-1C Ian, Evan, & Alexander Corp. v. United StatesApril 10, 2018
COFC Affirms Denial of Incumbent Contractor’s Challenge to Army’s Set-Aside Decision, COFC No. 17-183C, Sigmatech Inc.April 10, 2018
Protester Fails to Demonstrate Difference Between IDIQ Services and Task Order Requirement; GAO B-415381, American Systems GroupApril 9, 2018
Inadequate Response to Agency Report Results in Abandoned Protest; GAO B-415923, Yang Enterprises Inc.April 9, 2018
Agency Reasonably Procured Natural Resource Management Services from USDA Without Competition; COFC No. 17-824C, Loomacres Inc. v. United StatesApril 9, 2018
Value of Task Order Issued After Corrective Action Controls GAO Jurisdiction, Even Though Original Award Exceeded $10 Million; GAO B-414384.3, AMAR Health IT LLCApril 9, 2018
RFP Required Commitments From All Proposed Employees, Not Only New Hires; GAO B-415639, Bicallis LLCApril 6, 2018
Laguna Decision Did Not Remove Board’s Jurisdiction to Hear Government’s Affirmative Defense of Fraud; ASBCA Nos. 57491, Appeals of International Oil Trading CompanyApril 6, 2018
Protester Learned of Grounds for Protest During Discussions, Not Debriefing; GAO B-415546, Umicore Optical Materials USA Inc.April 6, 2018