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
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
