“Control” Requirements for Service-Disabled Veteran-Owned Small Business Concerns
April 21, 2009
A procurement preference created by the Veterans Benefit Act of 2003, 15 U.S.C. § 657f, is the preference for small business concerns owned and controlled by service-disabled veterans. This preference is principally ensured by set-asides exclusively for service-disabled veteran-owned small business concerns (known generally as SDVOSBC’s), and procedures for these SDVOSBC Contract set-asides are set [...]
A Default Termination in Bad Faith
April 8, 2009
Keeter Trading Company, Inc. v. United States, Fed. Cl. No. 05-243C, Judge Lynn J. Bush, February 3rd, 2009, is a rare decision by the United States Court of Federal Claims awarding a rural mail carrier breach damages after concluding that a Default termination was made in bad faith. Although the terms of the Default Clause [...]
Implied-in-Fact Contract Theory of Protest Jurisidiction
April 10, 2009
Prior to 1996 the jurisdiction of the United States Court of Federal Claims to hear and consider a Protest challenging a Federal Procurement was premised on the Court’s Tucker Act, 28 U.S.C. § 1491(a)(1), jurisdiction, this on an Implied-in-Fact Contract of fair and honest consideration. The situation was changed with the Administrative Dispute Resolution Act [...]
Limitations Imposed by Administrative Procedure Act Review
May 6, 2009
Two recent decisions by the United States Court of Appeals for the Federal Circuit concern the limited standard of review imposed on Protests, i.e., challenges to Solicitations, else challenges to particular Contracts.
The first, Tip Top Construction, Inc. v. United States, Fed. Cir. No. 2008-5183, April 29, 2009, arose from a decision of the United States [...]
Marijuana, the Mexican Spotted Owl, and Jury Verdicts
February 22, 2010
These seemingly unrelated subjects are involved in two rulings by the United States Court of Appeals for the Federal Circuit which together provide important limitations on the implied-in-fact duty not to hinder and to cooperate. The cases are Agredano v. United States, Fed. Cir. No. 2008-5114, February 17, 2010 and Precision Pine and Timber, Inc. [...]
Price Reasonableness, Price Realism, and Protest Review
February 2, 2010
The U.S. Court of Federal Claims provides a clear exposition of the differences between Price Reasonableness and Price Realism and a few lessons about the scope of Protest review in DMS All-Star Joint Venture v. United States, Fed. Cl. No. 09-737C, January 26, 2010.
At issue in DMS All-Star was a proposed indefinite delivery, indefinite [...]
Record Submission versus Summary Judgment
April 8, 2009
Under the Contract Disputes Act, under 41 U.S.C. § 606, Contractors have ninety days to appeal from a Contracting Officer’s Final Decision to an Agency Board of Contract Appeals, else under 41 U.S.C. § 609(a)(1), Contractors have one year to file suit in the United States Court of Federal Claims. A significant distinction in the [...]
The A-12 and Adequate Assurance of Progress
June 3, 2009
Another chapter in the A-12 story has just been published by a panel of the United States Court of Appeals for the Federal Circuit, this McDonnell Douglas Corp. and General Dynamics Corp. v. United States, Fed Cir. Nos. 2007-5111, -5131, June 2, 2009.
It needs to be remembered that the proposed A-12 Avenger was to be [...]
The Federal Circuit Validates the Implied-in-Fact Contract Theory of Protest Jurisdiction
March 1, 2010
The Federal Circuit has resolved a quandary about the implied-in-fact contract theory of protest jurisdiction, this in Resource Conservation Group, LLC v. United States, Fed. Cir. No. 2009-5091, March 1, 2010. Resource Conservation Group arises out of a Claim for bid preparation costs and fees filed after the Navy rejected an Offer to lease the [...]
