Tag Archives: jurisdiction

Government Contracts 101 Reminder: Certified Claims Must Include a “Signature”

Earlier this Fall, the Armed Service Board of Contract Appeals dismissed an appeal for lack of jurisdiction because the certified claim lacked a proper signature. Appeal of NileCo General Contracting LLC, ASBCA No. 60912 (Sept. 22, 2017). This simple oversight proved decisive. Although this case does not chart a new course in Contract Disputes Act … Continue Reading

The Latest Clue to Solving the Maropakis Riddle: The Affirmative Defense of Offset

When must a party’s “defense” be asserted as a Contract Disputes Act (CDA) claim in order to raise that defense during a Court of Federal Claims or Board of Contract Appeals proceeding? In Kansas City Power & Light Co. v. United States, the Court of Federal Claims moves us one step closer to solving this peculiar … Continue Reading

COFC: In “Quirky CDA Realm,” Contractor Need Not Submit Its Own Claim Before Appealing Adverse Contracting Officer Decision

Judge Mary Ellen Coster Williams of the Court of Federal Claims recently clarified the procedural requirements of the Contract Disputes Act (“CDA”) that a contractor must meet before appealing an adverse Contracting Officer decision.  In Total Engineering, Inc. v. United States, No. 13-881C (Fed. Cl. Jan. 26, 2015), the Army Corps of Engineers terminated Total’s … Continue Reading

GAO Reaffirms Protest Jurisdiction Over “Mixed Transaction” Leases, But Questions Remain

This week, the General Accountability Office (“GAO”) published a decision reaffirming its jurisdiction over protests of “mixed transaction” leases.  Generally, GAO’s protest jurisdiction is limited to the procurement of goods and services, which does not include leases of federally-owned property.  However, in certain circumstances, a transaction involving a lease includes a procurement of goods and … Continue Reading

COFC: Not Everything Is “In Connection With A Procurement”

The Court of Federal Claims recently considered the extent to which its Tucker Act bid protest jurisdiction extends to Government “make-or-buy” decisions.  In VFA, Inc. v. United States, No. 14-173 (Fed. Cl. Oct. 21, 2014), VFA protested a Department of Defense (“DOD”) announcement that it would “standardize” the various facility-assessment software tools used by its … Continue Reading
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