Case of the Month Club 2023 – June

PCI’s June 6 Case of the Month program will be a fascinating discussion of three recent decisions.  First, our panelists Tracye Howard and Scott Felder will provide an update on the U.S. Court of Federal Claims‘ decision to reconsider a decision we recently discussed, Percipient.AI, Inc. v. United States, 2023 WL 2819637.  After granting the motion for reconsideration, the court held argument on the renewed motion to dismiss on May 12.  It is quite possible that a decision will have been issued by the time of our June program.

Second, Tracye will discuss the U.S. Court of Appeals for the Federal Circuit’s decision in CACI, Inc.—Federal v. United States, 2023 WL 3327090, a case in which the court held that the Court of Federal Claims did not have authority to conduct a de novo review of an alleged organizational conflict of interest to determine whether the protester was an “interested party” for a motion to dismiss for lack of jurisdiction.  This is an important concept for all Government contracting practitioners to understand, and it is fascinating to see that even though the U.S. Court of Federal Claims was reversed on this issue, it was affirmed on the merits.

Third, and finally, Scott will discuss the Armed Services Board of Contract Appeals’ November 2022 decision in FlightSafety International, Inc., ASBCA No. 62659, Nov. 29, 2022, 23-1 BCA ¶ 38245, where the board, in a lengthy and detailed opinion, addresses a subcontractor’s challenge to an Air Force C.O.’s decision to invalidate the subcontractor’s restrictive markings on commercial technical data.  This decision is important for anyone who believes that the fact that a company is furnishing commercial products limits the Government’s ability to challenge its asserted restrictions on associated technical data, and it will undoubtedly prompt many of our attendees to quickly review their own contracts to see if they might be facing the same fate.

As we said in our opening line, this is going to be a fascinating discussion, and you don’t want to miss it.  Please join us on June 6!

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 Recorded – Obsidian Sols. Grp. v. United States and MP Sols
  • February 7 Recorded – Tolliver Group, Inc. v. United States and System Studies & Simulation, Inc. v. United States
  • March 7 Recorded – Alan E. Fricke Memorials, Inc. v. Dept. of Veterans Affairs and The Logistics Company, Inc. v. United States
  • April 4 Recorded – 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 Recorded
  • June 6
  • September 5
  • October 3
  • November 7
  • December 5

Case of the Month Series 2023