GOVERNMENT CONTRACTS CASES

• Blue & Gold, Fleet, L.P. v. US
• Int'l Data Prods. Corp. v. US

U.S. Fed. Circuit Court of Appeals, June 26, 2007
Blue & Gold, Fleet, L.P. v. US, No. 2006-5064
In a dispute between ferry companies competing to be awarded the contract with the government for ferry and related services to Alcatraz Island in San Francisco, a judgment on the administrative record for defendants allowing the U.S. to award the contract to Hornblower Yachts is affirmed where: 1) plaintiff-incumbent's argument was properly characterized as a challenge to the terms of the solicitation; 2) a party who has the opportunity to object to the terms of a government solicitation containing a patent error and fails to do so prior to the close of the bidding process waives its ability to raise the same objection afterwards in a section 1491(b) action in the Court of Federal Claims; and 3) there was no error in holding for defendants on plaintiff's challenge pursuant to the Service Contract Act. Read more...

U.S. Fed. Circuit Court of Appeals, June 27, 2007
Int'l Data Prods. Corp. v. US, No. 2006-5083, 2006-5094
In a matter arising from the Air Force's termination for convenience of a contract with plaintiff to provide computers because plaintiff lost its status as a small entity favored under section 8(a) of the Small Business Act, a judgment terminating plaintiff's obligation to provide warranty and upgrade services but denying its claim for termination costs is reversed in part where 15 U.S.C. section 637(a)(21)(A) does not terminate plaintiff's warranty and upgrade services obligations. Read more...