A second key government contract case decided in 2017 involved the Court's deference to an agency’s interpretation of its own regulations. The case decided a subcontractor’s Request for an Equitable Adjustment (REA) springing from what the subcontractor arguedwas a change in government regulation and policy.
The next six newsletters will contain articles regarding importantgovernment contracting decisions from 2017. The articles will include a review of the following: Technology Systems, Inc., ASBCA No. 59577, 17-1 BCA ¶ 36,631 (the DCAA disallowed expenses following an audit); Garco Construction, Inc. v. Secretary of the Army, 856 F. 3d 938 (Fed Cir 2017) (involving access to a military facility where the contract was to be performed);
Suspensions, Proposed Debarments and Debarments are used by agencies to protect themselves fromirresponsible contractors. Federal Acquisition Regulation (FAR) Part 9.4 directs agencies to solicit offers, award contracts and consent to subcontracts only with responsible contractors. The process for suspension and debarment is left to agency discretion.
The federal government has never been able to achieved its goal of awarding 3% of government contracts toHUBZone-certified businesses.The program's participation has dropped off since the redesignation of HUBZone areas by the 2010 decennial census. Some newly introduced legislation seeks to revitalize the U.S. Small Business Administration's (SBA) Historically Underutilized Business Zone (HUBZone) Program.
TheCivilian Board of Contract Appeals (CBCA) decided this case involving the Commerce Plaza Partners, LLC vsDepartment of Veterans Affairs,2017 WL 3114025. As part of the General Services Administration (GSA), the CBCA hears various cases concerning federal agencies in the executive branch. Under the Contract Disputes Act(41 U.S.C. 7101-7109), the CBCA conducts dispute resolution between government contractors and agencies.
TheUnited States Court of Federal Claims(the Court) decided the case of the Board of Regents of the Nevada System of Higher Education, on Behalf of the Desert Research Institute, v. United States and Oak Ridge Associated Universities, 2017 WL 2856416. These federal courts were established pursuant toArticle Iof the U.S. Constitution and deal mostly with monetary claims made against the U.S. government. This court commonly hears cases concerning government contracts and tax refunds, among other subjects.
The appeal of Head, Inc., 2017 WL 2962587 was decided by Armed Services Board of Contract Appeals (ASBCA). The ASBCA is an impartial forum that deals with contract disputes that arise between government contractors and various federal agencies, including the Department of Defense, the National Aeronautics and Space Administration and the Central Intelligence Agency.
TheCivilian Board of Contract Appeals (CBCA)decided the case of In the Matter of Jennifer A. Miller, 2017 WL 3114027. As part of the General Services Administration (GSA), the CBCA hears various cases concerning federal agencies in the executive branch. Under theContract Disputes Act(41 U.S.C. 7101-7109), the CBCA conductsdispute resolution between government contractors and agencies.
TheCivilian Board of Contract Appeals (CBCA)decided the case of E & A Restoration Inc. v. Department of the Interior, 2017 WL 3114028. As part of the General Services Administration (GSA), the CBCA hears various cases concerning federal agencies in the executive branch. Under theContract Disputes Act(41 U.S.C. 7101-7109), the CBCA conducts dispute resolution between government contractors and agencies.
On February 21, 2017, the VA issued a Center for Veterans Enterprise (CVE) rule change proposing that CVE verified businesses be reverified for compliance every three-years instead of every two-years. The VA’s proposal implements a section of the Veterans Benefits, HealthCare, and Information Technology Act of 2006, that requires the VA to verify ownership and control of veteran owned small businesses (VOSB), including service-disabled veteran owned small businesses (SDVOSB) so these firms can participate in VA acquisitions set-aside for SDVOSB/VOSBs.