Government Contracts Legal Forum

Tag Archives: Court of Federal Claims

COFC AND GAO DISAGREE, COURT SUSTAINS $32M PROTEST

Posted in Bid Protest
In another example of the Court of Federal Claims ("Court") and the Government Accountability Office (GAO) reaching different conclusions, the Court sustained a $32 million protest in a recent decision brought against the Department of Veterans Affairs ("VA"), whereas GAO had dismissed the protest as untimely on the grounds that LabCorp should have protested what … Continue Reading

In-sourcing Update

Posted in In-Sourcing
Developments continue surrounding the issue of in-sourcing. Turning first to the developments at the Court of Federal Claims, Judge Horn, recently dismissed an in-sourcing claim after finding that Plaintiff was not an interested party. Triad Logistics Servs. Corp. v. United States, No. 11-43C (Crt. Fed. Cl. Apr. 16, 2011).  The Court held that while it has subject … Continue Reading

Proposed Revisions to the Tucker Act Would Dramatically Change the Bid Protest Landscape

Posted in Bid Protest
CORRECTION (5/15/12): A prior version of this blog post first posted on May 11, 2012, analyzed the proposed amendment to the Tucker Act discussed herein under the mistaken impression that it had been part of the committee mark version of the 2013 National Defense Authorization Act. We have since learned that the proposed amendment to the … Continue Reading

Physical Possession Not Required to Demonstrate a Paper Proposal Is “Under the Government’s Control” Prior to Submission Deadline

Posted in Bid Protest
In a recently unsealed decision, Judge Damich of the Court of Federal Claims sustained a pre-award protest by The Electronic On-Ramp, Inc. (“EOR”), finding that the Defense Intelligence Agency (“DIA”) improperly rejected EOR’s bid as late where, although an electronic copy was timely received and the paper copy arrived at the base where DIA is … Continue Reading

D.C. District Court Holds That It Lacks Jurisdiction Over In-Sourcing Claim

Posted in In-Sourcing
Just a quick in-sourcing update for today. On March 19, 2011, in Fisher-Cal Industries, Inc. v. United States, et. al, the United States District Court for the District of Columbia issued an opinion dismissing plaintiff’s in-sourcing claim. No 11-791 (D.D.C. Mar. 19, 2012). As I discussed in my blog post about the Fifth Circuit’s decision in Rothe Development, … Continue Reading

Fifth Circuit Weighs In on Where to Find Jurisdiction for In-Sourcing Claims

Posted in In-Sourcing
On December 29, 2011, the Fifth Circuit issued its opinion in Rothe Development, Inc. v. United States Department of Defense, No. 11-50101 (5th Cir. Dec. 29, 2011), affirming the district court’s dismissal of an in-sourcing claim for lack of subject-matter jurisdiction. Under the Tucker Act, the Court of Federal Claims is vested with exclusive jurisdiction over … Continue Reading