Executed Release Waives Claim for Agency’s Prior Issuance of Unclear Instructions; CBCA No. 5299, Sylvan B. Orr v Department of AgricultureOctober 12, 2017
Loss of Data Rights Prevents Agency from Procuring Products Competitively; GAO B-414846, W K Engineering Internationals, Inc.October 12, 2017
Implied-In-Fact Contract Not Breached by Rational Evaluation; COFC No. 15-719C, Tender Years Learning Corp. v. United StatesOctober 12, 2017
Incumbent Performance Not Entitled to Special Consideration; GAO B-414773, B-414773.2, Leidos Inc.October 11, 2017
CPARS Information Not Protected; COFC No. 17-868C, Torres Advanced Enterprise Solutions LLCOctober 11, 2017
Contractor Entitled to Recover Cost Overruns Where It was Misled by a Solicitation and Contract Plans Prepared By Inexperienced and Cognitively Impaired Agency Employees; COFC No. 13-859C, Magnus Pacific Corp. v. United StatesOctober 11, 2017
DOE Issues FAR Class Deviation for Whistleblower Protections for Contractor EmployeesOctober 10, 2017
Agency Properly Rejected Offeror’s Proposal for Failure to Satisfy RFP’s Explicit Bid Bond Requirement; GAO B-41472, Montage Inc.October 10, 2017
Appeal of Default Termination Must Be Filed Within 90 Days; ASBCA No. 61031, Elham Ahmadi Construction CompanyOctober 10, 2017
Protester Failed to Inform GAO Agency Report Not Timely Filed; GAO B-414937.2, TMC Global Professional Services – ReconsiderationOctober 10, 2017
ASBCA Has Jurisdiction to Hear Claim that Agency Engaged in Bait-and-Switch with Contract Extension; ASBCA Nos. 61225, Appeals of Lulus Ostrich RanchOctober 9, 2017
Agency Properly Terminated Contract for Noncompliance, but Owes Contractor for Work Performed Correctly; ASBCA Nos. 58123, Appeals of United Healthcare PartnersOctober 9, 2017
GAO Dismisses Protest Pending Resolution of Related Challenge Before COFC: GAO B-414389.25, CDW Government, LLC et alOctober 9, 2017
Awardee’s Lower Rates Not Evidence of Inadequate Cost Realism Evaluation; GAO B-413974.3, Synergy Solutions, Inc.October 6, 2017
Area Office Must Consider Ostensible Subcontractor Affiliation Even Where Both Firms are Small; SBA No. SIZ-5848, Lost Creek Holdings LLC, d/b/a All-Star Health SolutionsOctober 6, 2017
Agency May Not Unilaterally Modify a Contract’s Payment Terms To Make What it Considers an Equitable Adjustment to Contractor’s Final Fee; CBCA 3876, CH2M-WG Idaho LLC v. Department of EnergyOctober 6, 2017
Materials Costs Incurred Before Government Approval Not Recoverable in Termination for Convenience; ASBCA No. 60515, American Boys Construction CompanyOctober 5, 2017
Awardee Failed to Address Regulatory Requirements in Crisis Response Plan; GAO B-414766, CR/ZWS LLCOctober 5, 2017
Unusual Reliance on Incumbent as Subcontractor Supports Unfavorable Size Determination; SBA No. SIZ-5850, Automation Precision Technology LLCOctober 5, 2017
Statutory Terms Supporting Breach Claim Not Read Into Contract; COFC No. 17-188C, James M. Fogg Farms, Inc. v. United StatesOctober 4, 2017
