HUBZone Program: Employees Must Reside In HUBZones On Award Date

In order for an employee to count as a HUBZone resident for purposes of a specific HUBZone contract, the employee must reside in an officially designated HUBZone on the contract award date.

A recent decision of the U.S. Court of Federal Claims is a cautionary tale for HUBZone companies, which are responsible for ensuring that the 35% employee residency requirement is met on the award date.

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CPAR Challenge Wasn’t A Viable “Protest,” Says Federal Court

A contractor’s attempt to challenge an adverse Contractor Performance Assessment Report was not a bid protest subject to the bid protest jurisdiction of the U.S. Court of Federal Claims.

In a recent decision, the Court rejected a protester’s creative attempt to challenge a CPAR as part of a bid protest.  Instead, the Court held, a CPAR ordinarily must be challenged through the FAR’s claims and appeals processes–although the Court appeared to leave the door open to bid protest challenges in limited circumstances.

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Ordinary, Undisputed Invoices Are Not “Claims”

For an invoice to be considered a claim under the Contract Disputes Act, thereby giving the U.S. Court of Federal Claims jurisdiction to consider an appeal of the government’s failure to pay, the contractor must establish that the invoice was in dispute at the time it was submitted to the government.

As demonstrated in a recent Court decision, ordinary, undisputed invoices are not “claims” under the Contract Disputes Act.

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SBA SDVOSB Determinations Can Be Challenged In Court

The U.S. Court of Federal Claims has jurisdiction to hear challenges to the SBA’s SDVOSB determinations.

In a recent case, the Court held that it had the power to review a decision issued by the SBA Office of Hearings and Appeals, in which OHA deemed a company ineligible to receive a SDVOSB set-side contract.

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Contracting Officer’s Death Didn’t Waive Claim Requirement

A Contracting Officer’s death did not waive the requirement that a contractor file a claim with the agency before bringing its claim to federal court.

In a recent decision, the Court of Federal Claims held that a contractor was not entitled to forego the claim requirement because of the Contracting Officer’s death–even though the agency did not appoint a replacement.

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Strange, But True: Contractor Protests Its Own Award

Here’s one you don’t see every day: a contractor, complaining that the government was unfairly holding it to outdated pricing, attempted to protest its own award.

No dice, according to the U.S. Court of Federal Claims, which dismissed the protest on jurisdictional grounds.

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BPAs Are Not Contracts–So “Tough Luck” For Terminated BPA Holder

A company’s blanket purchase agreement with the U.S. Forest Service was not a “contract,” meaning that the company had no ability to file a complaint with the U.S. Court of Federal Claims for an alleged improper termination of the BPA.

In dismissing the complaint on technical grounds, the Court’s message to the terminated company was, in essence, “tough luck.”

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