Government Contracts MonitorNeither Glossy Nor Delustered Film Can Obscure The Plain Language Of A Government ContractApril 5, 2013 When a claim for equitable adjustment comes down to the qualitative and cost differences between clear and delustered laminate film, sometimes you just have to wonder whether the contractor’s ability to read the plain language of her contract was obscured by the shiny laminate she used. The recent case of Christine Baldridge, v. Government Printing Office, No. 2012-6001 (Fed. Cir. March… Right of First Refusal No Longer Grounds for Rejecting VOSB EligibilityApril 3, 2013 According to recent testimony by Tom Leney, Executive Director of the Department of Veterans Affairs (VA) Office of Small and Disadvantaged Business (OSDBU), the VA will no longer consider “transfer restrictions that are part of normal commercial dealings, such as the right of first refusal, do not material affect the ability of a Veteran to unconditionally own and control the business” and,… Better Late Than Never! Proposed Rule Amends FAR to Finally Implement New SBA Protest ProceduresApril 2, 2013 The FAR Council recently issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to implement the Small Business Administration’s (SBA) revisions to its small business size and status protest and appeal procedures. Although SBA’s revisions to its protest and appeals procedures are not new – they were issued over 2 years ago – the amendments to the FAR are necessary to… Timber! A Government Contractor Asks for Mercy and Gets NoneApril 1, 2013 A recent Board of Contract Appeals case demonstrates that regardless of how solid a contractor’s past history may be, failure to perform is failure to perform. In Payne Enterprises v. Dept. of Agriculture, CBCA No. 2899 (Mar. 19, 2013), the Board granted the government’s motion for summary relief and denied the appeal of Payne Enterprises, a lumber wholesaler from Kane, Pennsylvania. … Father Time vs. Uncle Sam: Another Government Claim Dismissed as UntimelyMarch 28, 2013 The Armed Services Board of Contract Appeals (ASBCA) recently dismissed a $17 million government claim as untimely in Raytheon Missile Systems, ASBCA No. 58011 (Jan. 28, 2013). This is yet another case in a string of recent decisions over the last year (reported here) in which the government’s claim was barred by the 6-year statute of limitations under the Contract Disputes Act (CDA). With… Government Contractors: Beware of the “Honey Trap”March 27, 2013 A pinch of romance, a secret international rendezvous, forged identities, and a splash of classified documents – sound like a recipe for the latest Hollywood spy thriller? It’s actually a recent federal criminal complaint filed against a former Army Reserve Lieutenant Colonel – and it’s equally as satisfying. In United States v. Benjamin Bishop, No.… ASBCA Makes Government Play by Same Rules as ContractorsMarch 25, 2013 In responding to contractor claims, the government often raises as a defense the contractor’s failure to first bring a particular issue or claim before the contracting officer. So it was quite refreshing when, in the recent case of Appeal of Lockheed Martin Services, Inc., ASBCA No. 58028 (Feb. 20, 2013), the Armed Services Board of Contract Appeal (ASBCA) denied the government’s motion… Sending Your Ex-Wife a Package of Cash from Afghanistan May Get You in TroubleMarch 21, 2013 In United States v. Garst, No. 12-40109-01-JAR (D. Kansas), an Army veteran and private contractor in Afghanistan was sentenced to 30 months in prison, one year of supervised release, and a $52,117 fine for his role in a kickback scheme with an Afghan contracting company. Donald Garst, 51, who was in the Army for 4 years and the National Guard for 23 years, was a manager for a private… Due Process is Alive and WellMarch 20, 2013 Last month, we reported on the successful pre-award bid protest, Miles Construction, LLC v. United States, No. 12-597C (Fed. Cl. Feb. 14, 2013). While the majority of the decision and analysis concerned the standards for determining service-disabled veteran-owned small business (“SDVOSB”) status, this case is also noteworthy on due process grounds. Miles Construction, LLC… CBCA Sides with GSA Auction Bidder Because Government Breached Its “Duty of Cooperation”March 19, 2013 The Civilian Board of Contract Appeals (CBCA) recently ruled in favor of the high bidder at a GSA auction for a lemon of a barge on the grounds that GSA failed to disclose issues with the barge and breached its implied duty of cooperation. See Expediters Worldwide USA, Inc. v. GSA, CBCA Nos. 2748, 3237 (Feb. 28, 2013). The appellant was the high bidder for a large barge that had been used… New Executive Order Focuses on Enhancing Critical Infrastructure CybersecurityMarch 14, 2013 President Obama recently issued an Executive Order on Improving Critical Infrastructure Cybersecurity that focuses on information sharing and collaboration “to maintain a cyber environment that encourages efficiency, innovation, and economic prosperity while promoting safety, security, business confidentiality, privacy, and civil liberties.” The Order also establishes a volunteer program… What Is A Claim?March 12, 2013 Under the Contract Disputes Act, what is necessary to make a “claim”? The statute has three simple requirements, but the U.S. Court of Federal Claims tried to add additional requirements. In Northrop Grumman Computing Systems, Inc. v. United States, No. 2011-5124 (Fed. Cir. Feb. 19, 2013), the Federal Circuit made it clear that there are only three requirements for stating a claim,… |
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