In Santa Barbara Applied Research, Inc. (“SBAR”) v. United States, No. 11-86C (May 4, 2011), Judge Firestone of the United States Court of Federal Claims (“COFC”) ultimately upheld the Air Force’s in-sourcing decision on facts that are largely sui generis. However, before ruling in the Air Force’s favor on the merits of the cost
Daniel R. Forman is a partner in Crowell & Moring's Washington, D.C. office and is co-chair of the firm's Government Contracts Group.
Dan's practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation, investigations of potential civil and criminal matters, ethics and compliance, contract claims and disputes, GSA schedule contracting, and small disadvantaged business contracting. Dan is also experienced in negotiating and drafting teaming agreements and subcontracts, as well as providing counseling on the interpretation of FAR clauses and solicitations. Dan's practice also focuses on state and local procurement matters, including State False Claims Act issues, lobbying and contingency payment compliance. He has been involved in bid protest litigation in six states and the District of Columbia. Dan is ranked as a Band 1 ranked attorney by Chambers USA, listed as a two-time Law360 MVP (2015, 2020), was named to Legal 500’s “Hall of Fame” for Government Contracts in their 2020 Guide, is an Acritas Star, named as a Thomson Reuters Stand-Out Lawyer, and was previously named to BTI’s list of “Client Service All-Stars.
By now, most government contractors are (or most certainly should be) aware of the Federal Acquisition Regulation (“FAR”) provisions governing organizational conflicts of interest. While OCIs have been a hot issue for some time in the federal procurement world, OCIs are becoming an increasing risk area in the state procurement arena as well.
By way of…
In its annual report (.pdf) to Congress under the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2), GAO disclosed the following bid protest statistics for FYs 2005-2009.
|FY 2009||FY 2008||FY 2007||FY 2006||FY 2005|
|Cases Filed||1,989 (up 20%)||1,652 (up 17%)||1,411 (up 6%)||1,326 (down 2%)|