Are Agencies Responsible for Their Negligent Estimates? Recently, the U.S. Court of Appeals ruled in favor of Agility Defense and Government Services, Inc.’s claim under the Negligent Estimates Theory in government contracting. In Agility Defense & Government Services, Inc v. U.S., a contractor, Agility Defense, bid on and won a contract to dispose of surplus […]
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Kingdomware Technologies v. United States The U.S. Supreme Court (SCOTUS) was scheduled to hear oral arguments on Kingdomware Technologies v. United States on September 9 in a case involving whether the Department of Veterans Affairs (VA) must prioritize service-disabled veteran-owned small businesses (“SDVOSBs”) when it buys supplies and services. The case has been withdrawn from the […]
What Should I Do If Faced with a Clearly Unreasonable Contracting Officer? Federal contracting officers have broad discretion – within the limitations and allowances of the FAR. But, contracting officers must respond in writing to claims filed by contractors. If they do not, they are violating the FAR and contractors are eligible for attorney’s fees and other […]
K-CON BUILDING SYSTEMS, INC., v. US K-Con appealed a federal Claims Court decision to the US Court of Appeals for the Federal Circuit. The contractor brought to separate claims on appeal: 1) the liquidated damages clause that appeared in the contract was unenforceable; 2) the federal Claims Court erred in its ruling that it did […]
What is the Standard of Review for Your Bid Protest at the Federal Claims Court? On December 12, 2013, the United States Federal Claims Court issued a decision on a pre-award bid protest filed by Eco Tours. The 61 page decision offers a great deal of material useful for litigating federal bid protests. This post will […]
The US Court of Federal Claims Rules that SDVOSB Status Can Survive Veteran Owner’s Death On November 26, 2013, the US Court of Federal Claims heard an appeal from a the son of a veteran business owner after a contracting officer working for the defendant, the United States Environmental Protection Agency, issued a “determination of non-responsibility,” proposed […]
Challenging a CVE SDVOSB denial in pre-award contest In KWV, Inc. v. United States, a disappointed bidder filed a pre-award bid protest of the CVE’s denial of their SDVOSB status. In that case, the US Court of Federal Claims found the CVE’s reliance on the Veteran applicant’s residency alone was “arbitrary and capricious” and not in […]