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Case of the Month Club

September 1, 2020 @ 2:00 pm - 3:00 pm


Our September Case of the Month Club program will once again provide a “two for the price of one” approach, discussing both a recent protest decision and a recent contract claim decision.

The protest decision is the July 27, 2020 decision of the U.S. Court of federal Claims in ANHAM FZCO v. United States, (COFC 19-1891C (July 27, 2020)), a case in which the plaintiff challenged the Defense Logistics Agency’s proposed corrective action after the COFC had ruled that the agency had committed a fatal evaluation error earlier in the procurement.  The plaintiff alleged that the agency’s corrective plan went well beyond what was necessary to address the sole error found by the court, but the court, in a detailed analysis of the facts and the law, concluded otherwise.  The decision contains an excellent discussion of the Federal Circuit’s opinion in Dell Federal Systems, LP v. United States, 906 F.3d 982 (2018), and the application of the Administrative Procedure Act, and it will provide food for thought for anyone considering challenging proposed corrective action in the future.

The claims case, The Boeing Company v. United States, (No. 2019-2148, (Fed. Cir. Aug. 10, 2020)), involves a major defense contractor’s challenge of a DOD practice in which the agency will only recognize increased costs, and not decreased costs, when a company covered by the Cost Accounting Standards changes its accounting practices. After losing its challenge at the COFC, Boeing took its case to the Federal Circuit, which reversed and remanded the case to the COFC.  The decision includes a discussion of the concept of pre-award waiver issues, and will be of interest to any CAS-covered contractor.  Whether or not your company is CAS-covered, the court’s discussion of its decision in Blue and Gold Fleet v. United States, 492 F.3d 1308 (Fed. Cir. 2007), will also be of value to you.

As is our practice, we will send copies of both decisions to you before the program. In order for you to get the most out of our program, we once again urge you to read both cases in their entirety before the program.  We look forward to seeing you there!

Each registration allows for one person to log in. Your team members can join you in a conference room for no additional cost. Additional logins for those located in other offices, working remotely, or otherwise unable to participate with the registrant can be purchased for $200 each.

Dates & Topics

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.

First Tuesday of the Month
2:00pm – 3:00pm


September 1, 2020
2:00 pm - 3:00 pm
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