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GAO Stands Down in Lengthy Dispute with VA Over Set-Asides

Client Alert | less than 1 min read | 12.26.12

In Kingdomware Techs.--Recon., GAO put the Veteran Owned and Service Disabled Veteran Owned Small Business community on notice that it will no longer hear protests alleging that VA violated the Veterans Benefits Act of 2006 by using the Federal Supply Schedule without first determining whether a set aside was appropriate for them because protesters "will be unable to obtain meaningful relief" from GAO. The decision followed over a year of the VA defying numerous GAO recommendations on this very issue and a Court of Federal Claims decision by Judge Firestone in December favoring the agency's interpretation.


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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. ...