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...

BOARD HAS NO JURISDICTION TO CONSIDER NEW CLAIM THEORIES NOT PRESENTED TO CONTRACTING OFFICER

One of the bedrock principles of the Contract Disputes Act (“CDA”) is that each claim by a contractor relating to a federal contract shall be submitted to the Contracting Officer (“CO”) for decision.  41 USC § 7103(a)(1).  For a board or a Court to possess...