War Zone Government Contractor Tort Liability

For a discussion of the ongoing Multi-District Litigation civil tort cases against government contractor Kellogg Brown & Root, Inc. (KBR, Inc.) and other LOGCAP contractors performing waste disposal and water treatment services for war zone military bases in Iraq and Read More

Government Contractor Immunity Case – Katrina Litigation

The Fifth Circuit Court of Appeals dealt a blow to government contractor Washington Group International, Inc. on September 14, 2010, when it overturned a District Court decision granting WGI government contractor immunity in the Katrina Canal Breaches Litigation. The Fifth Read More

COFC Jurisdiction – FDIC a Federal Agency for Bid Protest Purposes

In Office Depot, Inc. v. U.S., decided by the Court of Federal Claims on August 24, 2010, Office Depot challenged the FDIC’s award of a large national office supplies contract to Staples. One of the threshold questions was whether the Read More

Government Contractors Required to Display Rights Notice to Employees

Executive Order 13496 requires contractors to display a notice to employees of their rights under Federal labor laws, specifically the National Labor Relations Act. The Executive Order applies to contracts based on solicitations issued on or after June 21, 2010. Read More

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

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