PCI’s March 12 Case of the Month Club program will feature one bid protest and one CDA case.  The bid protest, Deloitte Consulting, LLP, B-422094, 422094.2, Jan. 18, 2024, 2024 WL 402292, involves an RFQ issued pursuant to FAR Part 8 for a project worth more than $200 million. The protester alleged several violations in the procurement process, but was only sustained on one (which is all you need), the allegation that when the awardee had dropped a key subcontractor from its team to avoid a conflict of interest, the agency did not reevaluate its proposal to assess the impact that the elimination of the subcontractor would have on the proposal. It is difficult to prove that an agency performed an inadequate evaluation of an awardee’s proposal, as is made clear with respect to the protester’s other alleged grounds.  The GAO’s decision is a good case study, however, on just what it takes to win such a protest and, from the Government’s perspective, what will and will not be helpful in defending the agency’s position.    The CDA case, Amentum Services, Inc., ASBCA Nos. 63250, Feb. 6, 2024, 2024 WL 773339, is yet another in a line of cases involving a contractor seeking relief from extra costs incurred as a result of the Covid pandemic.  In a creative approach to the problem, the contractor sought its relief under two paths available under its service contract, several labor-related statutes such as the Service Contract Act and the Fair labor Standards Act, and, in the alternative, the constructive change doctrine.  Were they successful?  Yes and no.   Join our experts Tracye Howard and Brian Walsh as they dissect these two recent decisions—a very valuable program for anyone involved in Government contracting.

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 2024
Second Tuesday of the Month, 12:00-1:00pm ET
Individual Sessions are $189.00 and can be purchased by clicking on the session date.

• January 9
• February 13
• March 12
• April 9
• May 14
• June 11
• September 10
• October 8
• November 12
• December 10