Searching Content by Michelle E. Litteken from Mayer Brown ordered by Published Date Descending.
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The Intersection of Price & Performance ―Cost Analysis Must Be Consistent with the Technical Proposal
This is the fourth post in a series focused on protest allegations related to cost and price analyses.
United States
4 Feb 2015
Defenses To The Government’s CDA Claim Are Not Independent Claims
In the decades since the enactment of the Contract Disputes Act (CDA), contractors, agencies, and the tribunals that decide government contract disputes have grappled with the question of what constitutes a claim.
United States
4 Feb 2015
ASBCA Finds Unilateral Modification Was a Government Claim & Orders Government to File the Complaint
Generally, when a contracting officer (CO) determines that a contractor owes the Government money and issues a decision saying as much, the contractor challenges the decision by filing an appeal with a board of contract appeals or an action in the Court of Federal Claims.
United States
3 Feb 2015
Dare to Compare—Comparisons in Price Analyses
This is the third post in a series focused on protest allegations related to cost and price analyses.
United States
24 Jan 2015
Bidder Beware—Mind the Details when Using the Federal Supply Schedule
The Federal Supply Schedule (FSS) is supposed to be a way for agencies to streamline procurement. However, achieving the desired efficiency requires that the Government buyer use the right contract vehicle for a given requirement.
United States
24 Jan 2015
Adjustments in Agency Cost Realism Analyses Must Be Rational
Editor’s note: This is the second post in a series focused on protest allegations related to cost and price analyses.
United States
15 Dec 2014
Cost & Price Realism—What Are They and When Are They Required?
This is the first post in a series focused on protest allegations related to cost and price analyses. Planned future posts will discuss limits on the adjustments an agency can make, benchmarks an agency may use in a realism analysis, the role of an offeror’s technical approach in a price/cost realism analysis, price reasonableness, and recent protest decisions involving cost/price analysis issues.
United States
14 Nov 2014
ASBCA Finds Hesitation Is Not Repudiation
When the Government terminates a contract for default ("T for D"), there can be a series of nasty consequences for contractors.
United States
5 Nov 2014
A Parent Company In The FCA Crosshairs Results In A Sustained GAO Protest Of An Award To A Subsidiary
The GAO recently sustained a protest because the agency failed to adequately consider a False Claims Act (FCA) case that was pending against the awardee’s parent corporation.
United States
27 Oct 2014
Discussions Round-up: Recent Protests Challenging Discussions
As this series has shown, disappointed offerors often raise protest allegations related to discussions. Although protesters frequently allege that discussions were unequal, misleading, or not meaningful, challenges based on these allegations can be difficult to win.
United States
9 Oct 2014
In Case You Didn’t Know, Requesting and Accepting Bribes Violates the Duty of Good Faith and Fair Dealing
In a recent decision from the Armed Services Board of Contract Appeals (ASBCA), the Board held that an agency justifiably withheld payment after four of the contractor’s officers and employees were indicted ..
United States
9 Oct 2014
Supreme Court Denies Cert in Highly Watched FCA Case—Regulatory Violation Must Be Related to Claim for Payment
This week, the Supreme Court denied the qui tam plaintiff’s petition for certiorari in United States ex. Rel. Rostholder v. Omnicare, Inc., a False Claims Act (FCA) case from the Fourth Circuit.
United States
8 Oct 2014
SCOTUS Will Take Up First-to-File Bar And WSLA this Term
Today the Supreme Court began a new term. The Court does not often hear cases involving government contracts, but this may be a notable year for contractors at the Court.
United States
7 Oct 2014
Contractors Are Left with Little Recourse when it Comes to Data Rights
Recently, GAO denied a protest in which the contractor asserted that the solicitation contained an overly restrictive data rights clause and should have used an alternate clause.
United States
2 Oct 2014
"That Wasn’t Fair!"—Protests Based on Unequal Discussions
This is the fourth post in a series of posts focused on protest allegations related to discussions with offerors. The first post addressed differences between clarifications and discussions. The second post focused on the requirements for discussions to be meaningful. The third post dealt with misleading discussions. The final post in the series will provide a round-up of recent protests involving discussions.
United States
29 Sep 2014
Federal Circuit Makes Clear that FASA Imposes a Broad Ban on Bid Protests of Task Orders at the CFC
Although the Federal Acquisition Streamlining Act gives GAO exclusive jurisdiction over protests of task orders, contractors occasionally seek to challenge task order awards at the CFC.
United States
18 Sep 2014
GAO Holds NASA Exceeded Its Discretion In Protest Of FSS Task Order
Challenges to an agency’s best value tradeoff decision can be difficult to win, as GAO doesn’t reevaluate the offerors’ proposals.
United States
12 Sep 2014
Don’t Be Misled: What Contractors Should Know About Misleading Discussions
Discussions can be useful to contractors because the questions asked and issues raised can direct an offeror to areas of its proposal needing improvement.
United States
9 Sep 2014
What is Required for Discussions to Be Meaningful?
This is the second post in a series of posts focused on protest allegations related to discussions with offerors.
United States
1 Sep 2014
Does Entering an Agency’s Contest Make You a Government Contractor?
Rarely does a pro se plaintiff defeat a motion to dismiss at the CFC. However, the CFC recently denied the Government’s motion to dismiss a pro se plaintiff’s breach of contract claim based on the Federal Trade Commission’s (FTC) alleged failure to comply with the rules it established in a contest seeking a solution to the problem of robocalls.
United States
29 Aug 2014
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