Court of Federal Claims

News & Analysis as of

Don’t Sit on Your Hands: Intervene at OHA If the NAICS Code Matters to You

A recent decision from the Federal Circuit clarified whether the Court of Federal Claims (“COFC”) has jurisdiction to review the selection of North American Industry Classification System (“NAICS”) codes and reminded small...more

Difficulty in Obtaining the Approval of an Individual Surety

In a recent decision issued by the United States Court of Federal Claims, Anthem Builders, Inc. v. United States, April 6, 2015, WL 1546437, the Court considered a protest involving the proposed use of an individual surety...more

When A Protest Isn't A Protest

In her familiar soliloquy in Shakespeare’s Romeo and Juliet, while longingly looking out of her window, Juliet said of her new-found love, Romeo: “What’s in a name? That which we call a rose/By any other name would smell as...more

Those NDAs May Not Be Worth the Paper They Are Written On

It is a given that companies strive to protect their intellectual property. Over the years, as an instrument of that protection, companies have made increasing use of non-disclosure agreements to advance that objective. A...more

Federal Appeals Court Finds that New RAC Contracts Violate Federal Regulations

On March 10, 2015, the U.S. Court of Appeals for the Federal Circuit found that the Federal Acquisition Regulation (FAR) applies to CMS’s revised payment terms for new Recovery Audit Contractor (RAC) contract solicitations,...more

Reed Smith's Government Contracts Weekly Rundown

1. COMMERCIAL CONTRACTING RULES APPLY TO FEDERAL SUPPLY SCHEDULES - On Tuesday, March 10, 2015, the Court of Appeals for the Federal Circuit reversed and remanded a decision by the Court of Federal Claims, which...more

FAR Part 12 Applies to CMS Orders on Federal Supply Schedule Contract

On Tuesday, March 10, 2015, the Court of Appeals for the Federal Circuit reversed and remanded a decision by the Court of Federal Claims, which permitted the Centers for Medicare and Medicare Services (CMS) to include...more

Lining Up to Protest - Bid protest dismissed as company fails to allege it was “next in line” for award

The United States Court of Federal Claims, in a decision issued February 10, 2015, dismissed the bid protest complaint filed in Universal Marine Company, K.S.C. v. United States, No. 14-1115C because the protester was not...more

Court Sustains Treasury’s 2/3 Reduction of Cash Grant for Cogen Open-Loop Biomass Plant

The United States Court of Federal Claims on January 12 rendered an opinion in W.E. Partners II, LLC v. U.S. sustaining the Treasury Department’s reduction by approximately two-thirds of a Cash Grant for a cogeneration...more

Todd Construction v. United States: Navigating Performance Evaluation Claims in the Court of Federal Claims

A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more

Court of Federal Claims Determines That Government Contractor May Recover for Losses Attributable to Omissions and Inaccuracies in...

Philadelphia Auth. for Indus. Dev. v. United States, 114 Fed. Cl. 519 (2014) - In this action, the United States Court of Federal Claims denied the Government’s motions to dismiss and for summary judgment, holding that...more

Seventh Commandment of Government Contracting: Thou shalt avoid hostility

For someone coming into Government contracting for the first time, one of the most difficult things to understand is the role that protests and disputes play in the Government contracting world. In the commercial sector, the...more

Court Weighs in on Deadline for Filing FTC Refund Claims

On September 19, 2014, the U.S. Court of Federal Claims issued its opinion in Albemarle Corp. v. United States, No. 12-184T, holding that it lacked jurisdiction over the taxpayer’s claim for refunds based on foreign tax...more

FDA Outbreak Response Is Not a Constitutional Taking

Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by...more

Déjà Vu All Over Again?

As a child growing up just outside of New York City, I was a big New York Yankees fan. My grandfather used to love telling me stories about how far Mickey Mantle could hit a ball and what a tremendous pitcher Whitey Ford was,...more

Court Upholds Rights of Small Business Dredging Contractors

In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the...more

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

Task Order Protests: The Trek Toward Clarity On The Court of Federal Claims’ Jurisdiction

The United States Court of Federal Claims’ July 18, 2014 decision in Orbis Sibro, Inc. v. United States, represents one of the few straightforward decisions by the court in recent months relating to the court’s subject matter...more

Limited Remedies For Concession-Contract Protesters

In a pair of recent decisions, the U.S. Court of Federal Claims clarified the source of its jurisdiction over bid protest actions that involve pure concession contracts as well as the scope of potential relief available to...more

CFC Begins Charging Administrative Fee to File a Civil Action

The U.S. Court of Federal Claims has amended its Fee Schedule, effective May 1, 2013. The change is being made to implement a new $50 administrative fee when filing a civil action, suit or proceeding....more

President Obama Nominates Campbell-Smith and Kaplan to Serve on U.S. Court of Federal Claims

Patricia E. Campbell-Smith and Elaine D. Kaplan were nominated on March 19, 2013 to serve on the U.S. Court of Federal Claims by President Obama. ...more

What Are Congressional References and How do They Work?

Unique among federal courts, the U.S. Court of Federal Claims has jurisdiction to render findings of fact and conclusions of law on individual claims brought before Congress. The process by which one house of Congress by...more

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