Armed Services Board Report For Fiscal 2023 Shows Increases In Merits Found In More Than 50% Of The Cases Reported

Take a look at the ASBCA Claims Report 2023.  The most recent report of the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”), issued on November 21, 2023, indicated a decline in the number of cases docketed in FY 2023, but an increase in the number of...

GAO Won’t Consider Non-Competes Because They Are Considered To Be Private Disputes

Strativia, LLC protested award of a task order to Field Data Technology (“FDT”) under a  Department of Agriculture solicitation for support of a Retailer Service Center for Supplemental Nutrition Assistant Program (“SNAP”) benefits.  (SNAP was previously known as the...

SUPREME COURT EXPANDS THE DELIBERATIVE PROCESS EXEMPTION TO THE FREEDOM OF INFORMATION ACT

The Supreme Court narrowed the category of documents that must be released in response to a Freedom of Information Act (“FOIA”) request.  United States Fish and Wildlife Serv. V. Sierra Club, Inc., 141 S. Ct. 777 (2021).  The Court held that FOIA’s deliberative...

Court of Federal Claims Has Jurisdiction Over Implied-in-Fact Contract To Fairly and Honestly Consider An Offeror’s Proposal

The Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an implied-in-fact contract to fairly and honestly consider an offeror’s proposal in the procurement context.  This was a question that had...