Testing Requirement Compensable under Changes Clause

An appeal seeking costs to test water for contaminants was granted by the Armed Services Board of Contract Appeals because the government had no contractual basis for imposing the testing requirement and therefore constructively changed the contract. The dispute arose from a fixed-price contract to remove rubber from a runway at an air force base located […]

Contract Awards

Defense Logistics Agency Awards $1.9 Billion Modification to Radiology Systems Contract. Siemens Medical Solutions USA, Inc., Malvern, Pa., was issued a modification exercising the third option year on contract SPM2D1-09-D-8314/P00053. The award is a fixed-price with economic price adjustment, indefinite-delivery/indefinite-quantity contract with a maximum $1,939,052,511 for radiology systems, subsystems, and components. There are no other […]

Government’s Consideration of Quotation Was Unreasonable

A quotation was technically unacceptable because it did not demonstrate it met the solicitation’s minimum technical requirements. The request for quotations for cargo containers with numerous configuration changes incorporated the Buy American Act’s price preference for domestic end products (41 USC 10a) and the related clause at FAR 52.225-1, and stated the technical acceptability of […]

Contractor Was Not Damaged by Stop Work Order

A claim for basic ownership, operating and idle personnel costs arising from a stop work order was denied by the Civilian Board of Contract Appeals because the contractor failed to prove it would have earned more under the affected contract than it earned through replacement work, or that it incurred costs that were not offset […]

EO Addresses National Defense Resources Preparedness

President Obama has issued Executive Order 13603, titled “National Defense Resources Preparedness,” effective March 16, 2012. The order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1940, as amended. To ensure the United States has an industrial and technological base capable of meeting national defense requirements, the […]

HUD Rule Would Revise the HUDAR

The Department of Housing and Urban Development has issued a proposed rule that would make a number of miscellaneous amendments to its acquisition regulations. The rule would remove obsolete provisions, update provisions that address the organizational structure of HUD, refine the provisions for approving requests for deviation from the HUDAR, and add provisions on contractor […]

No Preemption, Political Question Bars to Tort Claims

A motion to dismiss tort claims against defense contractors for lack of subject matter jurisdiction was denied because federal law and interests did not preempt the field of state tort law as it related to the contractors’ duty to warn, and the claims did not present a nonjusticiable political question. The plaintiff, a former serviceman […]

VA’s Use of FSS Procedures Was Improper

The Department of Veterans Affairs’ decision to procure an ice maker through Federal Supply Schedule procedures was improper because the government did not first conduct market research to determine whether the procurement should be set aside for service-disabled veteran-owned small business concerns. The VA issued the solicitation on an unrestricted basis to vendors holding FSS […]

Contract Awards

Navy Awards $500 Million Network Support Contract. ACG Systems, Inc., Annapolis, Md.; Atlantic Diving Supply, Inc., Virginia Beach, Va.; Blue Tech, Inc., San Diego, Calif.; CDW Government, L.L.C., Vernon Hills, Ill.; Global Technology Resources, Inc., Denver, Colo.; Iron Bow Technologies, L.L.C., Chantilly, Va.; Marshall Communications Corp., Ashburn, Va.; Mercom, Inc., Pawleys Island, S.C.; Mutual Telecom […]

No GAO Jurisdiction over Task Order Valued Less than $10 Million

The Government Accountability Office lacked jurisdiction over a protest of a task order because the TO was valued at less than $10 million. The protester, which had been awarded one of several indefinite-delivery/indefinite-quantity contracts for maintenance and repair, submitted a quotation in response to a TO solicitation for design-build services. The government rejected the quotation, […]