Making the decision to appeal a lower court’s decision to the US Court of Appeals for the Federal Circuit is a tough decision to make. Not only can it be an expensive process but understanding what objective you want to accomplish is essential. Federal government contractors may want to turn… Read more »
The US Court of Appeals for the Federal Circuit (CAFC) ruled against the Court of Federal Claims decision on a Request for Equitable Adjustment Claim (REA) against Agility Defense for increased cost under the provisions of FAR 16.503. The Appeals from the Claims Court was due to denial of a government… Read more »
In a recent case, the US Federal Circuit Court of Appeals (CAFC)dismissed a case in part because the Plaintiff could not show privity of contract with the federal government. This is a costly mistake that companies should be aware of when they contemplate filing any type of case related to… Read more »
The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a COC Certificate of Competency review. This has become a common dispute in bid protest appeal cases. As a… Read more »
The U.S. Court of Appeals for the Federal Circuit in a recent case decided the issue of agency corrective action and how it impacts the pre-award decision and post-award decision process. In this case, the appellant appealed the Court of Federal Claim’s decision that the United States Transportation Command decision to… Read more »
A common dispute arises in federal government contracting as to whether a term extension for a General Services Administration (GSA) Federal Supply Schedule Contract FSS task order constitutes a new contract. The US Court of Appeals for the Federal Circuit ruled on this very issue in a recent case. The… Read more »
Sometimes when the US Court of Federal Claims rules adversely on a motion for judgment upon the administrative record in bid protest, you can appeal the decision to the US Court of Appeals for the Federal Circuit. There are many cases where the Federal Circuit Court of Appeals has reversed… Read more »
Lawyers Appealing from COFC Federal Claims Protest Decisions to the Court of Appeals for the Federal Circuit In a recent case, the United States Court of Appeals for the Federal Circuit reversed a bid protest decision from the Court of Federal Claims because the appellant had failed to first exhaust… Read more »
When a government contractor is recommended for debarment, the first part of defending the action is to see whether the company falls within the intended purpose of the statute. The purpose of the Debarment and Suspension System is: To protect the public interest, the Federal Government ensures the integrity of Federal… Read more »
Government construction claims resolution and appeals in federal government contracts have become a nightmare for construction contractors that are filing disputes and appeals or initially submitting claims to the federal government. This is even true for settlement proposals in termination for convenience cases. The COFC or Board of Contract Appeals dismisses… Read more »