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Claims Updates Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) This decision provides a helpful reminder that while the government has broad discretion to terminate a contractor for default, the board will invalidate a termination where the government cannot show that the default decision was justified. Protests Updates National Aerospace… Continue reading

Claims Updates  Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) For contractors, this case underscores the importance of responding to a sole-source notice by the prescribed deadline in order to maintain potential protest standing. Avue Technologies Co. v. Department of Health and Human Services, CBCA… Continue reading

Claims Update Peraton, Inc. v. United States, No. 23-1539 Fed. Cl. (May 10, 2024) Peraton is the latest in a growing line of contractor claims attempting to enforce software license terms against government agencies. Stay tuned. Protest Updates A Square Group, LLC, B-421792.2; B-421792.3 (June 13, 2024) There was no dispute that the subcontractor presented… Continue reading

Federal Circuit Docket Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) Stay tuned for more news and analysis relating to this important bid protest litigation. While this case is sure to have a significant impact on bid protest procedure, if not the procurement system as a whole, the Federal Circuit’s latest… Continue reading

Semiconductor Supply Chain Update FAR Council Released Advance Notice of Proposed Rulemaking Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking that would prohibit the government from acquiring and contractors from providing certain semiconductor parts, services, or products from certain Chinese companies, among other potential sources controlled… Continue reading

Claims Update CLogic LLC v. United States, No. 23-6 L, Fed. Cl. (March 21, 2024) As DoD continues to expand its use of prototype Other Transactions Authority (OTA), litigation is bound to follow. We have seen several bid protests relating to DoD’s prototype OTA, but this seems to be the first case arising from a… Continue reading

Claims Updates  Yerington Paiute Tribe v. Department of the Interior, CBCA 7818-ISDA (February 1, 2024) This case serves as an important reminder that despite recent developments at the Supreme Court and Federal Circuit suggesting the CDA’s timeliness rules may not be jurisdictional, the CBCA has not yet adopted this view and continues to treat the… Continue reading

Claims Updates Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question of whether a company that indirectly licenses software to federal agencies through a reseller can bring a Contract Disputes Act (CDA) claim… Continue reading

False Claims Act Update The Department of Justice reported sharply increased False Claims Act recoveries for government fiscal year 2023. Settlements and judgements dramatically increased from the fiscal year 2022 totals. And DOJ reported a significantly higher number of False Claims Act investigation initiations during fiscal year 2023. As they have been historically, recoveries mostly involved the… Continue reading

Court of Federal Claims Bid Protest Update Netcentrics Corporation v. United States and Rockwell Collins, Inc. v. United States Two recent Court of Federal Claims decisions reaffirm that the Court will meaningfully review an agency’s proposed corrective action. For context, GAO will almost always dismiss a protest as academic once an agency announces its intent to take… Continue reading