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Case of the Month Club 2023 – March

March 7, 2023 @ 12:00 pm - 1:00 pm



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PCI’s March 7 Case of the Month Club program will feature a Contract Disputes Act decision by the Civilian Board of Contract Appeals and a bid protest at the U.S. Court of Federal Claims.   In the CBCA decision, Alan E. Fricke Memorials, Inc.  v. Dept. of Veterans Affairs, CBCA 7352 and 7353, 2023 WL 333761 (Jan. 12, 2023), the board overturned two terminations for cause on the grounds that the Government had not met its burden of proof.  This decision is a good example of how the actions of the parties and their adherence to the formalities of the government contracting regulations can sometimes play a major role in the outcome of a decision, in this case overcoming the documents in the record detailing the contractor’s poor performance.

The bid protest decision, The Logistics Company, Inc. v. United States, 163 Fed. Cl. 542 (2022), involves an incumbent contractor’s challenge to the award of a large logistics-management contract to a competitor on the grounds that (1) the competitor had failed to disclose certain litigation in its history and (2) the C.O.’s determination that that competitor was a responsible prospective contractor was arbitrary, capricious and unreasonable.  The case revolves around disclosure requirements in FAR 52.209-5, “Certification Regarding Responsibility Matters,” and the court’s discussion on this topic is well worth reviewing.  It also serves as a reminder that, for incumbent contractors, protracted protest litigation can be profitable.  Join our experts Tracye Howard and Brian Walsh as they parse these two interesting decisions at our March session.

Case of the Month Club 2023

Please join our Case of the Month Club, a program in which our expert instructors will take a deep dive into recent decisions involving issues that affect all of us on a regular basis.  This class, meant for contracting professionals, will focus on different cases, going beyond the mere holding into the history, tactics, and significance of the case as a whole.  Whether the cases are bid protests or contract claims, our instructors, all of whom are experienced professionals, will discuss the facts of the cases at hand, the reasons why the cases are important, the strategies that were used, and the lessons that can be learned from them. To maximize your experience, we will send you copies of the cases in advance so that you are primed for the discussion when our program begins.   Sound interesting?  We hope so, and we look forward to having you with us for the start of the series.

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 2023
First Tuesday of the Month, 10 Sessions
Taught by Tim Sullivan and the Wiley Team, 12:00 pm-1:00 pm (ET)

Case of the Month Series 2023


March 7, 2023
12:00 pm - 1:00 pm
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Delivery Method
Live Virtual Training