This blog post was co-authored by Luke Meier and Justin Ganderson. If you submit a proposal on time but the Government rejects it as late, take your protest to the Court of Federal Claims. That is the lesson of Insight Sys. Corp. et al. v. United States, No. 12-863C, et al. (Fed. Cl. May 6,… Continue Reading
Tag Archives: COFC
CoFC Again Strikes Down the Government’s Fraud Counterclaims; Converts No-Cost Cancellation to a Termination for Convenience
Posted in Claims & Disputes, Fraud & AbuseThis blog posted is authored by Katherine M. John and Justin M. Ganderson. Last month we blogged about ASBCA and CoFC decisions demonstrating a growing trend in government contracts litigation: the government’s increased use of counterclaims asserting fraud in response to contactor claims under the Contract Disputes Act. Ulysses, Inc. v. United States, No. 06-436C, (Fed…. Continue Reading
COFC Decision Provides Excellent Discussion Regarding Improper Termination for Convenience Claims
Posted in Contract Terminations & RestructuresAs a result of federal agency budgets being tightened, we expect to see an increase in terminations for convenience. Generally, under a termination convenience, a contractor is entitled only to recover costs related to its performance under the contract, and it is not entitled to anticipatory profits or consequential damages. See FAR §§ 49.202, 52.249-1… Continue Reading
OFPP Issues Notice Requesting Feedback on Cost Comparison Analysis Relative to Insourcing Decisions
Posted in InsourcingThis blog post was co-authored by Sandy Hoe and Justin Ganderson. This morning, The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) issued a Notice in the Federal Register requesting “input from the public on the practice of comparing the relative cost of performance by Federal employees versus contract performance… Continue Reading
Office of the Assistant Secretary of Defense Issues Important Guidance Regarding Insourcing Notification to Contractors
Posted in InsourcingThis blog post was co-authored by Justin Ganderson and Jay Carey. Since 2011, we have closely followed the Court of Federal Claims insouring bid protest cases. Most recently, we profiled the Dellew decision – where Judge Christine Miller found that the contractor had standing to pursue its protest, but ultimately denied its request for injunctive relief. One… Continue Reading
Another Court Of Federal Claims (“COFC”) Insourcing Bid Protest Decision; Judge Miller Offers Her Opinion on the Ongoing Saga
Posted in InsourcingThis blog post was co-authored by Sandy Hoe, Jay Carey and Justin Ganderson. Those following this blog likely are aware of recent COFC bid protest decisions on the subject of insourcing. Most recently in September, we reported on the COFC’s Elmendorf II decision, where Judge Bruggink held that a contractor had lost its standing to protest after… Continue Reading
Court of Federal Claims Again Stands Up for Fairness in Application of the CDA Statute of Limitations
Posted in Claims & DisputesIn yet another decision, the Court of Federal Claims (“COFC”) has held that the Contract Disputes Act’s 6-year statute of limitations applies to the government, just like it applies to contractors. Back in April, we blogged about the COFC’s decision in Raytheon Company v. United States, COFC No. 09-306C (Apr. 2, 2012) in which the… Continue Reading
Challenging the Government’s Insourcing Decisions: Where Do I File Again?
Posted in InsourcingCo-authored by Mike Rizzo. Elmendorf Support Services Joint Venture v. United States, COFC, No. 12-346C (June 22, 2012) is the newest installment in the going saga: where can I challenge the Government’s insourcing decision? As we reported in our blog a few months ago, the DC District Court held that it did not have jurisdiction to… Continue Reading
Federal Circuit Reverses Zoltek in En Banc Decision, Expanding Contractor Immunity for Patent Infringement Under Government Contracts
Posted in Claims & DisputesOn March 14, 2012, in an en banc decision, the Court of Appeals for the Federal Circuit reversed both itself and the Court of Federal Claims (“COFC”) in holding that the government is subject to liability when a product using a patented process is used in, or imported into the United States by or for… Continue Reading