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Here’s one you don’t see every day: a contractor, complaining that the government was unfairly holding it to outdated pricing, attempted to protest its own award.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