Case of the Month 2023 – December

For PCI’s final Case of the Month Club session for 2023, we will cover one recent bid protest and one CDA claim.  The protest, Kupono Government Services, LLC; Akima Systems Engineering, LLC, B-421392.9; B-421392.10;421392.11;421392.12, June 5, 2023, 2023 CPD ¶ 136, involves yet another situation where protesters challenge an agency’s proposed corrective action.  Although the GAO makes it quite clear that agencies have broad discretion in such matters, the decision goes into great detail to explain why the Department of Energy failed to meet that fairly low burden.  The decision is particularly interesting with respect to how the GAO sends a fairly strong message that sometimes lawyers’ arguments can be too clever by half.  In the Contract Disputes Act case, Korte Construction Company, ASBCA No. 63148, 2023 WL 7476103 (Oct. 26, 2023), the Armed Services Board of Contract Appeals, in a lengthy opinion, addresses the consequences of failing to raise a patent ambiguity in an RFP before proposal submission.  If that were the only feature of the decision, we might not have chosen this case for our program, but the decision has two other interesting aspects that are very worthy of discussion.  First, the decision involves a deductive change—not something we see on a regular basis.  Second, the decision involves a prime contractor’s attempt to rely on its subcontractor’s interpretation of the RFP.  Please join us on Tuesday, December 5, as our expert panelists, Brian Walsh and Tracye Howard, dissect these two recent decisions and explain why they are so important to understand.

Case of the Month
First Tuesday of the Month, 12:00 pm-1:00 pm (ET)
10 Monthly Sessions, from January to December

• Session 1: (Recorded) Obsidian Sols. Grp. v. United States and MP Sols *Jan 3, 2023
• Session 2: (Recorded) Tolliver Group, Inc. v. United States and System Studies & Simulation, Inc. v. United States *Feb 7, 2023
• Session 3: (Recorded) Alan E. Fricke Memorials, Inc.  v. Dept. of Veterans Affairs and The Logistics Company, Inc. v. United States *Mar 7, 2023
• Session 4: (Recorded) VSolvit, LLC and Wu & Associates v. General Services Administration *Apr 4, 2023
• Session 5: (Recorded) Percipient.ai, Inc. v. United States & Dynamic Systems Technology Inc. *May 2, 2023
• Session 6: (Recorded) Percipient.AI, Inc. v. United States, CACI, Inc.—Federal v. United States & FlightSafety International, Inc. *Jun 6, 2023
• Session 7: (Recorded) KPMG, LLP v. United States and Deloitte & Touche, LLP, No. 22-866 and Adventus Technologies v. Dept. of Agriculture, CBCA 7283
  *Sep 5, 2023
• Session 8: (Recorded) PAE Applied Technologies LLC, ASBCA No. 63233, 2023 WL 5827257 and U.S. and State of New Jersey et al v. Care Alternatives, 952 F.3d 89 (3rd Cir. 2020) *Oct 3, 2023
• Session 9: (Recorded) SAGAM Securite Senegal v. United States, 2023 WL 6632915 (Fed. Cir. Oct. 12, 2023) and ECC International Constructors, LLC v. Secretary of the Army, 79 F.4th 1364 (Fed. Cir. 2023)  *Nov 7, 2023
• Session 10 *Dec 5, 2023 Kupono Government Services, LLC; Akima Systems Engineering, LLC, B-421392.9; B-421392.10;421392.11;421392.12, June 5, 2023, 2023 CPD ¶ 136 and Korte Construction Company, ASBCA No. 63148, 2023 WL 7476103 (Oct. 26, 2023)

Case of the Month Series 2023