No Constructive Knowledge When Amendment Not Posted to FedBizOpps
Client Alert | less than 1 min read | 08.20.15
In Latvian Connection, LLC (Aug. 11, 2015), GAO held that the Army did not provide the protester enough time to respond to a "substantial" solicitation amendment when, although the amendment was posted to the Army Single Face to Industry (AFSI) website six days prior to the response deadline, it was not posted to FedBizOpps.gov and the protester did not see the posting on the AFSI until two days before the deadline. GAO rejected the Army's argument that the protester had constructive knowledge of the AFSI posting, holding that offerors are only charged with constructive knowledge of procurement actions published on a designated, government-wide point of entry, which, for business opportunities greater than $25,000, is only FedBizOpps.gov.
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Client Alert | 1 min read | 08.10.26
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.
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