Case of the Month 2023 – September

As we cruise to the end of summer, it’s time to set your sights on the next edition of PCI’s Case of the Month Club!  Join us on Tuesday, September 5, as Brian Walsh and Tracye Howard discuss two recent decisions that cover some very timely issues.  In KPMG, LLP v. United States and Deloitte & Touche, LLP, No. 22-866, the U.S. Court of Federal Claims addressed two issues that are worthy of discussion.  First, the court addressed the impact that the departure of a proposed “key personnel” employee should have had on the incumbent’s proposal.  Perhaps more interesting, however, is how the court analyzed the rationality of the procuring agency’s decision to adopt the GAO’s opinion on the answer to that question—a stark reminder that the Court of Federal Claims and the GAO do not always view things the same way.

The second decision, Adventus Technologies v. Dept. of Agriculture, CBCA 7283, examines the termination for a cause of a custodial services contractor working under a purchase order.   The board’s decision discusses the role of a cure notice in such proceedings; the impact of several admissions against interest on the part of the contractor; the effect of a release and its relationship to the burden of proof;  and what it takes to invoke excusable delay for COVID.   The decision serves as an excellent tour of a default termination decision and is a good way to start our fall term of the Case of the Month Club.  We hope you can join us!

Because the Case of the Month Club will look at recent cases based on their importance to Government Contracting, we will set the class’s Topic several weeks prior to the program.  This will help keep the program fresh.

• Case of the Month
  First Tuesday of the Month, 12:00 pm-1:00 pm (ET)
  10 Monthly Sessions, from January to December
  • January 3 – Obsidian Sols. Grp. v. United States and MP Sols
  • February 7 – Tolliver Group, Inc. v. United States and System Studies & Simulation, Inc. v. United States
  • March 7 – Alan E. Fricke Memorials, Inc. v. Dept. of Veterans Affairs and The Logistics Company, Inc. v. United States
  • April 4 – VSolvit, LLC, B-421048, Dec. 6, 2022, 2022 CPD ¶ 310 and Wu & Associates v. General Services Administration, CBCA 6760, 21-1 BCA ¶ 37965
  • May 2
  • June 6
  • September 5
  • October 3
  • November 7
  • December 5

Case of the Month Series 2023