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CO Must Identify Extension for Final Decision with Precision

Client Alert | less than 1 min read | 05.27.14

In Suh'dutsing Techs., LLC, the ASBCA held that the contractor could appeal a "deemed denial" of its certified claim 60 days after submission of the claim, notwithstanding the contracting officer's statement that it would be "at least another sixty days . . . before I am able to issue a decision." The Board held the CO's statement was "insufficiently definite" under the Contract Disputes Act, which requires a CO to, within 60 days of receiving a certified claim over $100,000, either issue a decision or "notify the contractor of the time within which a decision will be issued."


Insights

Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...