COFC Chides Government for Providing Misleading Information about Contract Performance Date; COFC No. 16-829, Level 3 Communications LLC v. United StatesNovember 23, 2016
Contractor Fails to Demonstrate Duty of Government to Pay for Nonperformance; COFC No. 15–1532C, Financial & Realty Services, LLC, v. United StatesNovember 22, 2016
Government Cannot State a Claim for CAS 404 Violation When Asset is a Lease; ASBCA No. 60131, Appeal of Exelis, Inc.November 18, 2016
Final Rule Requires Contractors to Identify Public Disclosure of Greenhouse Gas Emissions and Reduction GoalsNovember 17, 2016
Insurance Costs Unallowable When Not Required by Contract or Approved by CO; CBCA 4985, Mission Support Alliance LLC v. Department of EnergyNovember 15, 2016
Government Fails to Demonstrate Allegedly Diverted Work Fell Outside Scope of Plaintiff’s Contract; COFC No. 15-1049C; Certified Construction Co. of Kentucky LLC v. United StatesNovember 15, 2016
DPAP Issues Class Deviation Prohibiting Contracts with Entities Prohibiting Employees from Reporting Waste, Fraud, and AbuseNovember 15, 2016
Lack of Past Performance Evaluation, Awardee’s Exception to Material Requirement Likely Meritorious Protest Grounds for Costs; GAO B-412297.3, Shertech Pharmacy Piedmont LLC—CostsNovember 15, 2016
Projects More Relevant to Requirement, Geographic Region Reasonably Utilized to Differentiate Between Two Equally-Rated Proposals; GAO B-413586 AGVIQ LLCNovember 14, 2016
Protester’s Failure to Identify Proposed Employees by Security Clearance Level Communicated Lack of Understanding or Inability to Meet Requirement; B-413421, Abacus Technology Corporation; SMS Data Products Group Inc.November 14, 2016
Proposed Rule Clarifies Requirement for Justifications for 8(a) Sole Source ContractsNovember 14, 2016
Agency Not Required to Accept FPRs After Discussions for Task Order Proposals; GAO B-413486, SSINovember 10, 2016
Crediting Awardee for Innovative Approach Not an Unstated Evaluation Criteria; COFC No. 15-1351C, McConnell Jones Lanier & Murphy LLP v. United StatesNovember 10, 2016
Protester Not Prejudiced by Waived Requirement When it Would Not Have Submitted a Different Proposal; GAO B-413409, DRS Network & Imaging Systems LLCNovember 10, 2016
Agency’s Price Realism Analysis Failed to Address Whether Awardee’s Low Pricing was Consistent with Proposed Technical Approach; GAO B-412870.2, NCI Information Systems Inc.November 9, 2016
10-Day Deadline for Automatic CICA Stay Begins When Protester is Notified of Award and Possible Protest Grounds, Not Contract Award Date; COFC No. 16-1365C, Favor TechConsulting LLC v. United StatesNovember 9, 2016
Agency Not Required to Consider Task Orders as Multiple Contracts for Past Performance Evaluation; COFC No. 16-975C, Great Southern Engineering Inc. v. United StatesNovember 8, 2016
Protester Not Prejudiced by Agency’s Failure to Credit Past Performance of Teaming Partner; COFC No. 16-671 C, Dellew Corporation v. United States and Tech Systems Inc.November 8, 2016