1. Home
  2. |Insights
  3. |Tanker Award Tanked

Tanker Award Tanked

Client Alert | less than 1 min read | 06.19.08

Yesterday, GAO overturned the Air Force’s award of the contract to Northrop Grumman/EADS (http://www.gao.gov/press/boeingstmt.pdf) for aerial refueling tankers, identifying seven distinct errors in the competition, including flaws in the technical and cost evaluations (the Air Force incorrectly determined that NG was the low cost offeror) and in the discussions. GAO recommended that the Air Force reopen discussions and request new proposals.

Insights

Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...