Govconlaw Blog
CBCA Denies Ebola Shutdown Claim – A Sign of Things to Come?
By: Lori Lange
Published Date: April 30, 2020
On April 22, 2020, the Civilian Board of Contract Appeals (“CBCA”) issued a decision denying a contractor’s claim for the costs of demobilizing from a construction site due to concerns about performing work during an Ebola virus outbreak. Appeal of Pernix Serka Joint Venture v. Department of State, CBCA No. 5683 (April 22, 2020). This decision is an important indicator [...] Read More
Department of Defense Issues Memorandum and Implementation Guidance Regarding Section 3610 of the CARES Act in Response to Impacts Associated with COVID-19
By: Lori Ann Lange & Sabah Petrov
Published Date: April 20, 2020
On March 30, 2020, the Office of the Under Secretary of Defense issued a Memorandum in response to impacts of COVID-19 on Department of Defense contracts (“Memorandum”). During this unprecedented time, the agency acknowledged the delays that may arise under current contracts with the Department of Defense because contractors are unable to access their work sites and the employees of [...] Read More
Technical Acceptability + Past Performance + Price ≠ LPTA
By: Peck Law
Published Date: November 26, 2019
Section 813(a) of the National Defense Authorization Act created a policy against using lowest priced technically acceptable (LPTA) source selection process in circumstances that would deny the Department of Defense (DoD) the benefits of a cost and technical tradeoff. Under the LPTA source selection process, award is made to the offeror who submits the lowest-price as long as the offeror’s [...] Read More
The Odds of Winning a Bid Protest: GAO Releases Its Annual Report
By: Peck Law
Published Date: November 18, 2019
Contractors who are thinking about filing a bid protest generally have one overriding question: What are the odds that I’ll win my protest? Of course, the odds of winning will depend upon a number of factors, including the basis for the protest and the facts that support the protest. Recently, the Government Accountability Office (GAO) released its annual report to [...] Read More
Ninety Seconds Late is Not a Minor Infraction
By: Peck Law
Published Date: October 7, 2019
Written by Lori Ann Lange and Sabah Petrov* Offerors submitting bids, proposals, and quotes on government solicitations must submit their bids, proposals, and quotes by the required due date and time – and not one second later – as demonstrated by a recent Court of Federal Claims (“COFC”) decision. Criterion Sys., Inc. v. United States, No. 19-593 C, (Fed. Cl. [...] Read More
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