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CFC Judge Sides with VA in Preference Dispute over FSS Buys

Client Alert | less than 1 min read | 12.07.12

In Kingdomware Techs., Inc. v. U.S., Judge Firestone of the Court of Federal Claims ruled that the Veterans Benefits Act of 2006, which requires VA to determine whether it can reasonably set aside its acquisitions for Service Disabled Veteran Owned Small Businesses or Veteran Owned Small Businesses, does not apply to purchases from the Federal Supply Schedule. Before this ruling, VA had continued to defy GAO, which had ruled the opposite in a number of protests, and the same issue is currently before at least one other CFC judge.


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. ...