Government Control Exception to Late Proposal Rule
A government contractor successfully filed a pre-award bid protest challenging the Defense Intelligence Agency (DIA) rejection of its proposal as late. In the case of Electronic On-Ramp, Inc. v. United States, 104 Fed.Cl. 151 (March 28, 2012), the Court of Federal Read More
Bid Protests in the United States Court of Federal Claims
The United States Court of Federal Claims has jurisdiction to hear bid protest cases under the Tucker Act, 28 U.S.C. Section 1491(b). The Tucker Act, as amended by the Administrative Dispute Resolution Act of 1996, Pub.L. No. 104-320 Section 12(a)-(b), waives Read More
Standing to File Bid Protest in Court of Federal Claims
In the case of Digitalis Education Solutions, Inc. v. United States, 664 F.3d 1380 (Jan. 4, 2012). the United States Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims decision that the appellant was not an Read More
Bid Protests
There are several types of bid protests available for interested parties or disappointed bidders in federal agency procurements, including agency protests (Federal Acquisition Regulation 33.103 and Executive Order 12979), protests before the General Accountability Office, and protests filed with the U. S. Court Read More
Court of Federal Claims
United States Court of Federal Claims - The Tucker Act 28 U.S.C. § 1491 gives the United States Court of Federal Claims jurisdiction to hear claims arising under Section 10(a)(1) of the Contract Disputes Act. This includes claims by or against, or disputes Read More
Post-Award Bid Protest Sustained for Flawed Award Decision
In Firstline Transportation Security, Inc. v. United States, 100 Fed.Cl. 359 (Sept. 27, 2011), the Court sustained a post-award bid protest, finding that the agency’s selection of a low-price technically inferior proposal in a best-value procurement was not justified. Non-price Read More
Court of Federal Claims Blasts Government for Sole Source Contract
The Court of Federal Claims found that the government violated the Competition in Contracting Act in awarding a sole source contract for sixteen 50-man bare base shelter systems for troops in Afghanistan. Even when facing unusual and compelling urency, the 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
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
