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NAFI Contractor Wins over $100 Million In Wunderlich Act Review of ASBCA Decision

Client Alert | 1 min read | 11.16.12

In SUFI Network Servs., Inc, v. U.S. (Nov. 8, 2012), the Court of Federal Claims granted SUFI, represented by C&M, a judgment of over $100 million pursuant to a rare Wunderlich Act review of the ASBCA's damages determinations on several breach of contract claims brought in the aftermath of a telephone services contract with the Air Force's Non-Appropriated Fund Purchasing Office. Central to the court's decision to increase SUFI's recovery was its finding that the board had misapplied the burden of proof with respect to damages, seemingly ruling "in every possible way to cut back SUFI's damages" on claims for which liability was established while ignoring the willfulness of the Air Force's breaches and the clear fact of damage to SUFI on this "totally botched program of grand proportions."


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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].”...

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