As 2022 comes to a close, here’s a look at four federal contracts rulings issued this year that could lay the groundwork for further litigation in 2023 and beyond.
The decisions illustrate how contractors could forum shop when launching bid protests based on unavailability of the prevailing party’s key personnel; how they could challenge procurement cancellations by agencies; and how the US Court of Federal Claims indicated a growing willingness to hear “Other Transaction authority"-based disputes.
Still another decision, involving the False Claims Act, shows the emergence of a circuit split that may affect how health-care providers and contractors defend against kickback claims.
An unsuccessful bidder for a US Census Bureau information technology contract failed to show that the winner committed an impermissible key personnel “bait-and-switch,” the Federal Claims court said in Golden IT LLC v. United States, an opinion released Feb. 4
Protester Golden IT didn’t show that Spatial Front Inc.'s $78 million contract should be thrown out for failing to disclose that its proposed information specialist left the company after submitting its bid, the court said.
There was no material misrepresentation because Spatial Front didn’t know about the departure, the court said.
The court’s conclusion created a split with the Government Accountability Office, which has held...
Over the last year, beyond traditional healthcare and federal procurement matters, the government has pursued federal False Claims Act (FCA) investigations and enforcement across high-risk areas, i...