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Likely OCI Due to Unequal Information Access Yields PI

Client Alert | less than 1 min read | 06.17.11

In NetStar-1 Gov't Consulting, Inc. v. U.S., the Court of Federal Claims granted a preliminary injunction after concluding that an unequal access to information organizational conflict of interest was likely given that the awardee had access under a prior contract with the same agency to a database that included information regarding NetStar-1's labor categories, job categories, and fully-loaded labor rates and that efforts accepted by the CO to mitigate that OCI were ineffective. The court concluded that after-the-fact declarations by the awardee's cost proposal preparers professing a lack of access to NetStar-1's proprietary information were insufficient to establish lack of prejudice.

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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. ...