Bad Faith Behavior Renders Government Liable for Full and Current Attorneys’ Fees; COFC No. 11-804C, SUFI Network Services, Inc. v. United StatesJanuary 3, 2017
Agency Not Obligated to Exercise Options After it Met Minimum Ordering Requirements; CBCA 4920, 5093, Attenuation Environmental Company v. Nuclear Regulatory CommissionJanuary 3, 2017
Vendor’s Proposed Early Termination Fee Not Enforceable When Not Incorporated into Awarded Contract; ASBCA No. 59408, Appeal of Ricoh USA, Inc.January 2, 2017
No Bad Faith Found when Government Does Not Exercise Option; ASBCA No. 60315, Appeal of Smart Way Transportation ServicesJanuary 2, 2017
Typewritten Signature Insufficient to Certify Claim; ASBCA No. 60022, Appeal of ABS Development CorporationJanuary 2, 2017
Agency Reasonably Downgraded Proposal Based on Inaccuracies Introduced by Protester; GAO B-413735, G. A. Braun Inc.December 23, 2016
Number of Unacceptable Proposals Does Not Compel Agency to Hold Discussions; GAO B-413890, Coastal Defense Inc.December 23, 2016
Preference for Federally-Approved Cost Accounting System Not Unduly Restrictive of Competition; GAO B-413559.2, Evolver Inc.December 23, 2016
GAO Grants Increased Attorneys’ Fees for Successful Protest; GAO B-412949.3, Vencore Services and Solutions Inc.—CostsDecember 22, 2016
Modified Software Not Subject to Nonmanufacturers Rule; SBA No. SIZ-5796, Size Appeal of Encore Analytics LLCDecember 22, 2016
Majority of TRICARE Protests Amounted to Mere Disagreement with Agency’s Evaluation; GAO B-411837.2, UnitedHealth Military & Veterans Services, LLC; WellPoint Military Care Corporation; Health Net Federal Services, LLCDecember 22, 2016
SSA May Disagree with and Override Lower-Level Evaluators’ Conclusions and Ratings; GAO B-412270.5, Federal Maintenance Logistics Solutions LLCDecember 21, 2016
DFARS Final Rule Eases Justification Requirements for Providing Customary Contract FinancingDecember 21, 2016
Appeal Stayed Pending Resolution of Criminal Case Considering Similar Facts as Government’s Affirmative Defense of Fraud; ASBCA No. 58088, Appeal of Public Warehousing Company, K.S.C.December 21, 2016
Technical Approach Fails to Justify Significant Deviation from Agency Cost Estimate; GAO B-413758, BlueWater Federal Solutions Inc.December 20, 2016
Neutral Past Performance Rating Insufficient Basis to Exclude Proposal from Competitive Range; GAO B-413711, Xtreme Concepts Inc.December 20, 2016
Second-Tier Subcontractor Lacks Contractual Privity for Claim; ASBCA No. 60654, Appeal of B3 Solutions LLCDecember 19, 2016
Allegation of Bad Faith in Negotiations Requires Consideration of Facts Beyond Language of Contract; CBCA 5395, CB&I AREVA MOX Services LLC v. Department of EnergyDecember 19, 2016
