The Federal Circuit recently affirmed the ASBCA’s grant of summary judgment to the Government based on the Government’s affirmative defense that the court described both as a defense of fraud and a defense of prior material breach. In a case called Laguna Constr. Co. v. Carter, the court initially determined that the ASBCA had jurisdiction over the Government’s affirmative defense. It then affirmed the ASBCA’s grant of summary judgment to the Government because the contractor committed the first material breach. Along the way, the court rejected several arguments advanced by the contractor.
Continue Reading Federal Circuit Finds ASBCA had Jurisdiction over a Government Affirmative Defense of Fraud—Which the Court Also Characterized as a Defense of Prior Material Breach—and Affirmed the Board’s Grant of Summary Judgment to the Government Based on that Defense

Task orders have become ubiquitous in the federal procurement system. Although the Federal Acquisition Streamlining Act (FASA) gives GAO exclusive jurisdiction over protests of task orders, contractors occasionally seek to challenge task order awards at the CFC. Earlier this year, SRA International survived a motion to dismiss in its challenge to an organizational conflict of interest (OCI) waiver issued with respect to a Federal Deposit Insurance Corporation award of a task order to another contractor/offeror. The trial court held that it had jurisdiction because the waiver was not issued “in connection with” the task order and then proceeded to dismiss the case on other grounds. Earlier this week, the Federal Circuit disagreed—and made clear that FASA’s “in connection with” language does not provide a backdoor into the CFC.
Continue Reading Federal Circuit Makes Clear that FASA Imposes a Broad Ban on Bid Protests of Task Orders at the CFC