Navy Reverse-FOIA Case – Court Favors Release of Unit Prices
A July 23, 2010 decision by the District Court for the Southern District of California in the case of JCI Metal Products v. U.S. Dept. of the Navy, 2010 WL 2925436, affirmed the release of unit pricing on a prior Read More
Lessee of Federal Property no Standing to Sue — Randolph Sheppard Act
In 2008 the United States District Court in Hawaii found the Navy to be in violation of the Randolph-Sheppard Act (RSA) for not requiring private companies that lease Navy land at Pearl Harbor Naval Base to comply wth the RSA. Read More
False Claims Act Applies to Fraud, Not Normal Contract Disputes
The United States Court of Appeals, Fourth Circuit, affirmed a Virginia District Court’s decision granting summary judgment to the defendant in a qui tam suit brought under the False Claims Act. U.S. ex rel. Owens v. First Kuwaiti General Trading Read More
Government Not Liable Under FTCA for Action of Government Contractor
On July 14, 2010, in Moreno v. U.S., the United States Court of Appeals for the Third Circuit affirmed a Pennsylvania District Court decision that federal prisoner Moreno was not entitled to relief under the Federal Tort Claims Act (FTCA), Read More
Anti-Assignment Acts – Government Must Give Clear Assent to Assignment
The Anti-Assignments Acts (31 U.S.C. Section 3727 and 41 U.S.C. Section 15) invalidate assignments of government contracts (assigning contract proceeds to a third party) unless specific conditions are met. The Government may waive the requirements of the Anti-Assignment Acts if Read More
Bid Protest of NASA Award – Space Station Cargo Transportation
PlanetSpace, Inc. v. U.S., 92 Fed.Cl. 520 (April 26, 2010) is a post-award bid protest in the Court of Federal Claims by an unsuccessful bidder on the contract awarded by National Aeronautics and Space Administration (NASA) to provide cargo transportation Read More
FAR Interim Rule – Reporting of Executive Compensation and First-Tier Subcontract Awards
Federal Acquisition Circular 2005-44 issued July 8, 2010 establishes an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 2 of Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of Read More
Federal Prison Contractor Employee Liability Under Bivens
The United States Court of Appeals, Ninth Circuit, Pollard v. Geo Group, Inc., 607 F.3d 583 (June 7, 2010), reversed the District Court for the Eastern District of California and held that employees of a private corporation operating a prison Read More
Second Tier Government Contractors Must Comply with State Licensing Requirements
While general contractors are not required to be licensed in states where the contractor enters into a contract to perform work on a federal construction project, second tier contractors must comply with state licensing requirements. The Erie doctrine (applying state Read More
Government Contractor Liability under Alien Tort Statute and Torture Victim Protection Act
The estate of an Iraqi citizen shot and killed in Iraq sued a government contractor and the contractor’s foreign private-security corporation whose personnel allegedly shot and killed him. The suit was brought in United States District Court, District of Columbia. Read More
