Court of Federal Claims

Disappointed bidders intent on protesting an allegedly improper contract award could pursue traditionally two avenues of potential relief.  They could file a post-award bid protest either:  (1) at the Government Accountability Office ("GAO") within 10 days of when they learned of the protest grounds (or, where competitive proposals were involved, within 10 days of the requested and required debriefing), or (2) at the United States Court of Federal Claims ("Court of Federal Claims" or "COFC"), constrained primarily by the Court’s 6-year statute of limitations.  While disappointed bidders may retain ultimately the discretion to choose the forum of their choice, protests at the Court of Federal Claims outside of the 10-day period after contract award (or after a requested and required debriefing) are in danger of becoming an artifact of the past.  This potential change to the post-award bid protest jurisdiction of the Court of Federal Claims is one that every contractor should be watching closely.Continue Reading Two Roads Converged?: Merging the COFC’s and GAO’s Timeliness Requirements

The Court of Federal Claims’ most recent decision in Axiom Resource Management v. United States, 2008 WL 541675 (Feb. 26, 2008) ("Axiom II"), suggests that extended judicial oversight of contract administration functions may be a viable bid protest remedy, particularly in the context of organizational conflicts of interest (OCIs).  The case also highlights the importance of preparing and implementing an OCI mitigation plan that will withstand rigorous judicial scrutiny, during the proposal phase, so that the Government’s and the offeror’s apparent front end indifference to the issue of OCIs does not jaundice the court’s views with respect to their willingness or inclination rigorously to implement a mitigation plan to which they were dragged "kicking and screaming."Continue Reading Administration of Organizational Conflict of Interest Mitigation Plans — Are Special Masters on the Horizon?

The Court of Federal Claims’ recent decision in Axiom Resource Management v. United States, 2007 WL 2840414 (Sept. 28, 2007), illustrates the trend toward more robust judicial review of organizational conflict of interest (OCI) allegations. The case also highlights several issues contractors should consider in drafting successful OCI mitigation plans.Continue Reading Axiom Resource Management v. United States: Judicial Scrutiny of Organizational Conflicts of Interest Intensifies

The United States Court of Federal Claims recently decided a case that addresses a contractor’s remedy in the event of a government breach of contract and provides a useful reminder regarding managing expectations in the negotiation of contract prices with the government. Praecomm, Inc. v. United States, 78 Fed. Cl. 5 (Aug. 9, 2007).Continue Reading Praecomm, Inc. v. United States: Managing Expectations in the Context of A “Long-Term” Procurement