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

False Claims Act Suit Against Blackwater Defendants

A United States District Court in Virginia issued a ruling on July 2, 2010, in a False Claims Act suit against Blackwater Security Consulting’s alleged owner and corporate defendants. United States ex rels. Davis v. Prince, 2010 WL 2679761 (E.D.Va.) Read More

Contracting Opportunities for Small Business – Presidential Memo

By Presidential Memorandum dated April 26, 2010, President Obama established an Interagency Task Force on Federal Contracting Opportunities for Small Businesses. Congress has established statutory and aspirational goals designed to help small businesses compete for government contracts. Goals: 23% of Read More

Contract Disputes Act – California Contracting Officer Final Decision

A contractor must request and obtain a contracting officer final decision in order to appeal under the Contract Disputes Act, 41 U.S.C. Sections 601-13. Appeals must be brought within the time limits permitted by law. In Parker v. Donley, 20 Read More

Post-Award Bid Protest by Incumbent Contractor Fails

A potential contractor has standing to bring a post-award bid protest if it had a substantial chance of receiving the federal government contract award “but for” an alleged procurement error. An incumbent contractor that fails to submit a bid in Read More

Lockheed Martin Corporation Prevails in Cost Dispute with Air Force

On June 10, 2010, the United States Court of Appeals, Federal Circuit, affirmed an Armed Services Board of Contract Appeals decision in favor of Lockheed Martin Corporation over the Air Force. Donley v. Lockheed Martin Corporation, 2010 WL 2302741 (C.A.Fed.). Read More

Government Contracts – Continuing HUBZone Controversy

A May 14, 2010 decision of the GAO – U. S. Government Accountability Office – in B.402494, DGR Associates, Inc., confirms that the GAO’s interpretation of the law governing HUBZone set-asides continues to be in direct conflict with the interpretation Read More

Oil Spill Disaster Recovery – Government Contracts

Federal Acquisition Regulation FAR 26.202-1 allows government contract competitions to be limited to local businesses for disaster or emergency assistance contracts. The key is a declared disaster/emergency area. So far, no disaster/emergency has been declared for the Gulf BP Oil Read More

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