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CFC Faults Agency for Circumventing Protests

Client Alert | less than 1 min read | 07.20.11

In Cal. Ind. Facilities Resources, Inc. v. U.S., the Court of Federal Claims granted a protester’s request for declaratory relief regarding the illegality of the Army’s acquisition method used in a sole-source award of a contract for personnel shelter, even though the contract had been fully performed. Noting that “the action complained of is capable of repetition, yet might again evade review,” the CFC held that the agency’s practice of circumventing competitive procedures without proper justification, combined with what the court deemed an intentional effort to delay the publication of the sole-source notification until after the completion of performance, was unlawful.

 

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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. ...