Past Performance CDA Appeal Revisited
August 4, 2009
In Todd Constr. L.P. v. U.S. (July 22, 2009), Judge G. Miller, following up on his prior decision that a contractor may file a CDA appeal of an adverse past performance determination, provided guidance on the scope of relief available to the plaintiff, namely, a remand to the agency with "just and proper" directions from the court to assist the agency in addressing identified concerns. The court cites to and adopts a number of the recommendations made in a recent article by C&M's John McCarthy and Addie Cliffe.
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