A&E Services Contract May Not Be Awarded to Unlicensed Offeror Despite Subcontractor’s License
Subcontractor’s License The U.S. Court of Federal Claims held that NASA’s award of a contract for A&E Services to an offeror who was not licensed...
Procurement Licensing Requirement Enjoined As Unduly Restrictive of Competition
Competition One of the fundamental principles of federal procurement is that solicitations must allow for full and open competition.
The attached PDF is a redacted opinion issued by the United States Court of Federal Claims in a bid protest case brought by Piedmont Propulsion
of Federal Claims in a bid protest case brought by Piedmont Propulsion Systems, LLC against the United States Coast Guard.
Proposal Error Affecting Price Can Be Resolved By Clarification
A federal agency acted arbitrarily and capriciously when it disqualified a proponent for a minor clerical error and abused its discretion when it...
Firewalled Subcontractors Can Adequately Mitigate Impaired Objectivity OCIs Federal agencies cannot award a contract to an offeror with an impaired
OCIs Federal agencies cannot award a contract to an offeror with an impaired objectivity organizational conflict of interest (OCI) unless proper...
Elimination of Proponent Due to Post-award Resignation of Key Personnel
Was Arbitrary and Capricious The U.S. Court of Federal Claims held that a federal agency’s elimination of a proponent due to a key personnel’s plan...
RFP issued by FEMA for medical and behavioral health services. The protester objects to the evaluation of proposals and resulting
The protester objects to the evaluation of proposals and resulting best-value tradeoff.
P.R. Supreme Court Alert: Landmark Ruling Allows Inverse Condemnation Claim When Government Refuses to Vacate Property After Lease Expired
Claim When Government Refuses to Vacate Property After Lease Expired In Ortiz Zayas v. ELA, a landlord leased an office to the P.R. Department of Justice.
Early Payment Discount Decisive in UPR Bid Award The UPR’s award of a contract to AE Nova Dist., Inc. for the supply of
The UPR’s award of a contract to AE Nova Dist., Inc. for the supply of goods was upheld by the Court of Appeals of Puerto Rico.
First Circuit: Citizenship of Trustee Without Description of Nature of the Trust Is Insufficient to Establish Diversity Jurisdiction Emphasizing that
the Trust Is Insufficient to Establish Diversity Jurisdiction Emphasizing that special attention is warranted when invoking diversity jurisdiction...
$850 Million Settlement of $175.3 Million Financial Statement Liability Can Support Inference of Breach of Duty of Loyalty When a corporation suffers
Can Support Inference of Breach of Duty of Loyalty When a corporation suffers harm, the board of directors is the actor empowered to determine what...
There Is No Cause of Action to Recover Damages Caused by Municipality’s Negligence or Bad Faith in Requiring Performance of Services Without
Negligence or Bad Faith in Requiring Performance of Services Without a Contract In Super Diesel & Gas Auto Shop, Inc. v. Mun. de Mayagüez, the P.R.
Further Assurances or Cooperation Clauses Cannot Create a Condition Precedent
Precedent A network of mental health and substance use disorder treatment centers acquired another such center.
First Circuit: Absence of Exception to Maine’s COVID-19 Vaccine Mandate for Religious Reasons Raises Plausible Violation of Free Exercise Clause
for Religious Reasons Raises Plausible Violation of Free Exercise Clause The U.S. Court of Appeals for the First Circuit reversed a district court’s...
363 Sale Order Cannot Extinguish Statutory Obligation to Bargain With
Union Sales under 11 U.S.C. §363 have become increasingly popular because they allow a buyer to purchase assets free and clear of liens, claims.
Secured Claim Reduced By $242K After Valuation of Collateral; Lien Avoidance Issue Postponed Until Confirmation Hearing
Avoidance Issue Postponed Until Confirmation Hearing In In re Rodríguez, a secured creditor filed a fully secured proof of claim for $572,986.23.
P.R. Treasury Department Again Violates Automatic Stay The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income
The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income Tax Return.” The notice pertained to a pre-petition debt...
8th Circuit: Chapter 5 Avoidance Actions Can Be Sold As Property of the
Estate The Bankruptcy Code provides the trustee with powerful tools intended to enhance the value of the bankruptcy estate.
Completion of Building Sold in Bankruptcy Did Not Infringe Architect’s Copyright “Architectural works” are subject to copyright protection. Does this
Copyright “Architectural works” are subject to copyright protection. Does this mean that the architect of an unfinished building can stop the building...
Credit Bid Improperly Denied by Auction Company
One of the most important protections that the Bankruptcy Code provides to secured creditors in the context of a sale of collateral is the right to bid...