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Case of the Month Club
October 6, 2020 @ 2:00 pm - 3:00 pm$695
PCI’s October Case of the Month Club program will once again feature a recent claims case and a bid protest. The claims case is Kellogg Brown & Root Services, Inc. v. Secretary of the Army, No. 2019-1683, 2020 WL 5167353 (Fed. Cir. Sept. 1, 2020), in which the U.S. Court of Appeals for the Federal Circuit affirmed an ASBCA decision on what, at first glance, would seem to be a fairly straightforward claim. The case is a stark reminder that to prevail in a claim a contractor has the burden of proving both entitlement and quantum. In this case, the court took the contractor to task for its failure to prove the reasonableness of the $48 million it had claimed, and the opinion focuses on a lack of documentation. Finally, the opinion addresses the use—and the risks—of using “modeling” to establish a claim amount.
The protest case, a GAO decision from early July, is AT&T Corporation, B-417107.4, July 2, 2020, 2020 WL 5231436, wherein the GAO sustained AT&T’s protest that the awardee, Verizon Business Networks, had an impaired-objectivity organizational conflict of interest (“OCI”) where the record showed that the agency had unreasonably concluded that there was no possibility of any potential conflicts arising from Verizon’s performance of a related task order. In addition to addressing the increasingly popular protest ground of OCIs, the decision contains an important discussion of protest timeliness issues.
Whether you work for a contractor or the Government, these decisions will be of great interest to you, and you won’t want to miss this discussion.
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