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No Magic Words Required…Contractor Avoids Dismissal of “Claim” Despite No Specific Request for Contracting Officer “Final Decision”

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| August 5, 2019

In Hejran Hejrat Co. LTD, v. United States Army Corps of Engineers, No. 2018-2206, 2019 WL 3210172 (Fed. Cir. July 17, 2019), the United States Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals (“ASBCA”) decision dismissing the contractor’s claim for lack of jurisdiction.  The ASBCA based its dismissalRead More

Topics: Claims and Disputes

If You Want to Win the Contract, You Can’t Afford to Rely on Glancing References and Unsupported Assurances to “Demonstrate” Anything

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| July 28, 2019

When solicitations require proposals to address numerous factors in a limited number of pages, offerors must find a way to adequately cover all the issues in as few words as possible. Faced with this situation, contractors may be tempted to use shorthand methods of presenting information. As the recent US Government Accountability Office (GAO) decisionRead More

Topics: Bid Protests and the Contracting Process

U.S. District Court Denies Motion To Dismiss and Considers Cybersecurity Compliance Under The Civil False Claims Act

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| July 25, 2019

Cybersecurity issues are not going away anytime soon and the risk of noncompliance for contractors is ratcheting up. In a recent ruling in a Civil False Claims Act (FCA) Qui Tam case, Judge Shubb of the Eastern District of California determined that the whistleblower’s allegations – – that a company’s statements regarding the status ofRead More

Topics: Acquisition Reform and Emerging Issues

Recent Trends in Missouri Procurement Law Highlight Importance of an Early Protest Strategy

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| June 25, 2019

When vying for a government contract, vendors hope to avoid the need for protest and litigation. But solicitation documents aren’t perfect. Often, the evaluation process isn’t either. When issues arise, vendors are left in a tricky position: Do you dispute the issue during the procurement process, possibly angering the people tasked with evaluating your bid?Read More

Topics: Bid Protests and the Contracting Process, State and Local Procurement

Multinationals—Make Sure to Comply with Personnel Representations in Your Proposals

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| May 28, 2019

In trying to pool resources amongst related entities, lines may blur as to whether the personnel on a given project are employed by the domestic entity in accordance with the contract requirements and terms of proposal. While the facts of ABS Development Corporation, ASBCA Nos. 6022, et al. are on the extreme side of noncompliance,Read More

Topics: Acquisition Reform and Emerging Issues