On Time Means On Time
Client Alert | less than 1 min read | 11.09.06
Late is late, even if only by 2 minutes, according to the GAO in Omega Systems, Inc. (Nov. 6, 2006, http://www.gao.gov/decisions/bidpro/298767.pdf), denying a protest challenging the Marine Corps' refusal to consider an offeror's late final proposal revision. Although the protester claimed its late proposal revision was acceptable because it was a modification to an "otherwise successful proposal that makes its terms more favorable to the government," the GAO held that an otherwise successful proposal is one that "would result in the award of the contract to the offeror regardless of the late modification," and here the protester's price without the revision was too high to win.
Insights
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.
Client Alert | 4 min read | 08.10.26
Client Alert | 4 min read | 08.07.26
Missouri AG Sues Kansas City Over Race- and Sex-Based Contracting Program
Client Alert | 2 min read | 08.06.26
