1. Home
  2. |Insights
  3. |Task Order Protest as Breach at The ASBCA

Task Order Protest as Breach at The ASBCA

Client Alert | less than 1 min read | 05.28.08

In L-3 Communications Corp., ASBCA No. 54920 (May 5, 2008), the Armed Services Board of Contract Appeals upheld the challenge to the award of a task order for the development and support of F-15 training devices under a breach of contract theory, finding that the cost evaluation approach used by the Air Force denied L-3 its contractual right to a "fair opportunity to be considered." The Board awarded L-3 its bid and proposal costs, but rejected the claim for lost profits and other damages, finding that L-3 had not proven that, but for the evaluation error, it would have been awarded the contract.

Contacts

Insights

Client Alert | 6 min read | 11.19.25

Buying Peace: The Importance of Releasing FCA Liability When Resolving Criminal Allegations of Fraud Against the Government

The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct....