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DoD Implements New Enhanced Debriefing Procedures

Client Alert | 1 min read | 03.28.18

On March 22, 2018, the Department of Defense (DoD) issued a Class Deviation to ensure that all DoD agencies comply with the enhanced post-award debriefings set forth in in Section 818 of the FY 2018 National Defense Authorization Act. Effective immediately, offerors may submit additional questions within two business days of their debriefing, to which the agency is required to respond within five business days. A protest filed within five calendar days of receipt of the Government’s responses to additional questions will trigger issuance of the automatic stay of performance provided for by the Competition in Contracting Act.

To read more, visit our blog post on the topic.

Insights

Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...