Public Contracting Institute Blog
Case of the Month – August 2020: M.C. Dean
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. The second August case is M.C. Dean. If you want to learn more about the Case of the Month Club, click here....
Case of the Month – August 2020: BGT Holdings v. United States
PCI is starting a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. The first August case is Inserso Corp. v. United States. If you want to learn more about the Case of the Month...
Agency Failed to Evaluate Escalation Rates in Cost Realism Analysis
In a source selection for a task order for engineering support services under the Navy’s Seaport-e Indefinite Delivery, Indefinite Quantity (“IDIQ”) contract, the Government Accountability Office (“GAO”) concluded that the Navy failed to evaluate the protester’s...
Contractor May Appeal a Government Claim Without Submitting a Claim
In a recent case at the Civilian Board of Contract Appeals, the Board reasserted that a contractor may appeal a government claim without submitting a formal claim to the Contracting Officer, and the Board will have jurisdiction over the appeal. Suffolk Const. Co.,...
Read your Contract and Remember the Rules
In two recent cases, one before the Civilian Board of Contract Appeals (“CBCA”) and the other at the Federal Circuit, the contractors either failed to read their contract, or they ignored some basic contracting rules, like the plain meaning rule in contract...
Boards Lack Jurisdiction Over Real Property Disputes
The Civilian Board of Contract Appeals recently dismissed a claim on a default termination of a Department of State contract for construction and lease of residential housing for embassy personnel in the Dominican Republic. The contract also included an option...
Case of the Month – July 2020: Inserso Corp. v. United States
PCI is starting a new webinar series, the Case of the Month Club. Each month PCI's Government Contracts law experts will discuss one or two recent cases. The July case is Inserso Corp. v. United States. If you want to learn more about the Case of the Month Club,...
BCA Allows Claim Because Agency Failed to Understand its own Solicitation
In an interesting Armed Services Board of Contract Appeals case, the Board sustained a contractor’s claim for $962,020 for increased scope of work in creating technical manuals. Command Languages, Inc. d/b/a/ CLI Solutions, ASBCA No. 61216, Feb. 7, 2020. The...
Federal Circuit Adopts Federal Claims Standard on Disparate Evaluations
The Federal Circuit Court, never having previously a standard for evaluating disparate evaluation claims in bid protests, adopted the Fed. Claims Standard of “substantively indistinguishable” IN denying the protest appeal of Office Design Group v. U.S., Cuna Supply...
Boards Lack Jurisdiction to Hear Bid Protests
The following forums have jurisdiction to consider bid protests: Agency: jurisdiction provided by Executive Order 12979 and Federal Acquisition Regulation (“FAR”) 33.103. Government Accountability Office (“GAO”): jurisdiction provided by Competition in...
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