This will be short and sweet. By far the most important section in the Federal Acquisition Regulation (FAR), for these trying times in particular, is FAR 15.201. We need to keep reminding ourselves and everyone in the procurement community about it. Following it is the cornerstone of any … [Read more...]
IN-SOURCING CHALLENGE NEARLY SUCCEEDS
Judge Christine Miller of the Court of Federal Claims (COFC) has just issued an opinion denying injunctive relief to a contractor complaining that the Air Force's decision to in-source work the contractor had been performing violated statutory law. The contractor contended that the Air Force … [Read more...]
“Outcome Prediction” at GAO
In 1996, the Government Accountability Office (GAO), began using a type of alternative dispute resolution (ADR) known as "outcome prediction". It usually takes place after all the parties have thoroughly briefed the issues raised in the original and supplemental protests, an evidentiary hearing has … [Read more...]
Protesters Must Show the Prejudice Cost Them the Game
Bill Spriggs of Spriggs Law Group explains in a clear way why you need to do more than prove the government changed the rules or committed a penalty during a game. You need to show that the violation may have cost you to lose the game (contract award). Protesters Must Show Prejudice In two … [Read more...]
Court of Federal Claims Judge Explains the Sovereign Act Defense
Senior Judge and former Chief Judge Loren Smith of the Court of Federal Claims (COFC) has just written an opinion explaining the sovereign act defense (which the government can raise in contract disputes) and applying it to a particular fact situation. He starts by reminding us that when the … [Read more...]
Ten Protest Rules to Remember
Protests can be filed with the Government Accountability Office (GAO) or in the Court of Federal Claims (COFC). If filed at GAO and a similar case is filed in the COFC, GAO will dismiss the protest case at GAO. If a contractor is unhappy with the result at GAO, it can file a similar protest at … [Read more...]
Do Not “Read Out” Portions Of The Contract
Judge Owen Wilson of the Armed Services Board of Contract Appeals (ASBCA) has just issued an opinion in which he sustains the contractor's appeal because the government decided to "read out" portions of the contract. This, he says, is "not legally defensible." The case involved a Corps of … [Read more...]
Subcontracts: Mandatory Flow Down Myths and Reality
You will not find a list of mandatory subcontract flow down clauses conveniently located in any regulation. We have to create our own lists (depending, of course, on the type of prime contract and other regulatory criteria). The American Bar Association (ABA) Public Contract Law Section has two … [Read more...]