Action for Breach of Implied Contract of Fair Dealing is Still Viable

On August 23, 2010, the United States Court of Federal Claims issued a decision interpreting Resource Conservation Group, LLC v. United States, 597 F.3d 1238 (Fed.Cir.2010), stating that the COFC did not read Resource Conservation to preclude a plaintiff from Read More

Government Insourcing Decisions – Challenge in COFC

Since 2008, the government has been increasingly looking at insourcing in lieu of using outside contractors. The 2008 National Defense Authorization Act, at 10 U.S.C. Section 2463, required the Department of Defense to begin considering the use of its own Read More

Contractor Liable under False Claims Act for Subcontractor Payrolls

In a case involving the Davis-Bacon Act (40 U.S.C.A. Section 3142) and the False Claims Act (31 U.S.C Section 3729(a)(1)(B)), the United States District Court for the Middle District of Tennessee found a contractor liable to the United States for Read More

8(a) Contract Declared Void by District Court

On August 16, 2010, the United States District Court for the Eastern District of Virginia declared a HUD 8(a) contract void ab initio (from the beginning) and unenforceable. The Court found the contract to be tainted by fraud and wrongdoing Read More

8(a) Set-Aside versus HUBZone Priority – Permanent Injunction

On August 13, 2010, in DGR Associates, Inc. v. United States, 2010 WL 3199929 (Fed.Cl.), the United States Court of Federal Claims sustained the bid protest of a HUBZone company challenging the Air Force’s decision to set aside for the Read More

Air Force Challenged on Decision to Remove Credit Report Checks from 8(a) Program

In the case of K-Lak Corp v. U.S., 2010 WL 3123265, August 3, 2010, the United States Court of Federal Claims found it had jurisdiciton to hear an incumbent 8(a) contractor’s objection to the Air Force’s failure to exercise its Read More

Tucker Act Breach of Implied Contract Claim Fails

In the case of Peninsula Group Capital Corp. v. U.S., WL 3069581, August 6, 2010, the United States Court of Federal Claims dismissed a complaint filed against the United States for breach of a contract to transfer real estate. The Read More

Government Military Contractor Sued by Iraqis in Maryland District Court

The case of Al-Quraiski v. Nakhla, 2010 WL 3001986, July 29, 2010, is a sobering opinion by a Maryland federal District Court discussing government contractor civil liability for conduct while performing as a contractor in support of military operations. The Read More

Bid Protest Sustained – No Meaningful Discussions in Negotiated Procurement

An agency conducting discussions with an offeror for a government contract must convey the true nature of its concerns for the discussions to be meaningful. GAO sustained the bid protest of AMEC Earth & Environmental, Inc., in B-401961, B-401961.2 (December Read More

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