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Change Orders and Time Extensions: Sound Off Early and Often

Posted by Daniel McAuliffe on Feb 17, 2015 6:56:58 AM

K-CON BUILDING SYSTEMS, INC., v. US

K-Con appealed a federal Claims Court decision to the US Court of Appeals for the Federal Circuit.  The contractor brought to separate claims on appeal: 1) the liquidated damages clause that appeared in the contract was unenforceable; 2) the federal Claims Court erred in its ruling that it did not have jurisdiction over K-Con’s appeal of the contracting officer’s denial of extensions of time; and 3) K-Con was due compensation for additional work performed secondary to change orders.

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Topics: Bid Protests, Appellate Law, Government Procurement, bid protest, Federal Claims attorney, Federal Claims Court, government contracts attorney, Government Contracts Law Firm

Standard of Review at Federal Claims Court for Bid Protest

Posted by Joseph Whitcomb on Jan 1, 2014 9:37:24 AM

What is the Standard of Review for Your Bid Protest at the Federal Claims Court?

On December 12, 2013, the United States Federal Claims Court issued a decision on a pre-award bid protest filed by Eco Tours. The 61 page decision offers a great deal of material useful for litigating federal bid protests.  This post will deal with just one section dealing with the standard of review for bid protests.  According to the Court, the standard of review for the typical bid protest is "whether the agency action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." (the Administrative Procedure Act standard). 28 U.S.C. § 1491(b)(4) (incorporating the APA standard set forth in 5 U.S.C. § 706 (2012)); Banknote Corp of America Inc v US, 1350-51 (Fed. Cir. 2004) (citing Advanced Data Concepts, Inc. v. United States, 216 F.3d 1054, 1057-58 (Fed. Cir. 2000)). Also, the Court remarked that "a procurement decision may be set aside if it lacks a rational basis or if the agency’s decision-making involved a clear and prejudicial violation of statute or regulation."

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Topics: Bid Protests, Appellate Law, Government Procurement, Bid Protest attorney, bid protest lawyer, Federal Claims attorney, Federal Claims Court, GAO attorney, GAO bid protest, government accountability office, government contracting, government contracts attorney, government procurement law, Standard of Review

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