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Air Force Award Downed by Inadequate OCI Assessment

Client Alert | less than 1 min read | 09.15.16

In AT&T Gov’t Solutions, Inc. (released Sept. 12, 2016), in which C&M represented AT&T, GAO sustained the protest of the Air Force’s award for computer network operations and cyberspace warfare operations. GAO determined that the Air Force had failed to reasonably evaluate whether the awardee had adequately avoided or mitigated unequal access to competitively sensitive information to which the awardee had access through its subcontractor that had provided acquisition support for the program and that the Air Force award decision was also premised on flawed past performance evaluations.

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. ...