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GAO Slams VA for Reneging on Its Corrective Action Promise

Client Alert | less than 1 min read | 08.24.15

In SCB Solutions, Inc.—Recon. (Aug. 12, 2015), GAO roasted the Veterans Administration when it reneged on its promise to cancel the award as a part of its corrective action and, instead, after the protest had been dismissed as moot at VA's request, accelerated performance and received full delivery, thereby thwarting the protest process. GAO granted reconsideration of its dismissal decision and sustained the protest on the basis that the solicitation contained a latent defect and awarded bid preparation and protest costs.


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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. ...