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Patrick Quigley’s practice is focused on litigating bid protests, contract claims, prime/subcontractor disputes, and small business size protests/appeals at the Government Accountability Office, U.S. Court of Federal Claims, boards of contract appeals, federal agencies, the Small Business Administration, and state courts. He conducts internal investigations and defends clients in False Claims Act litigation, government investigations, and suspension and debarment actions. Patrick conducts due diligence reviews of and advises on the government-contract aspects of business transactions, and counsels on procurement law compliance, federal employee ethics rules, teaming agreements, and conflict-of-interest mitigation plans. View articles by Patrick.

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn NIKA Technologies A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of  Defense’s (DOD) enhanced post-award debriefing procedures are used. The case was NIKA Technologies, Inc. v. United States,

SBA’s New Paycheck Protection Program Appeal RuleAs part of Bradley’s continued reporting on issues arising from the CARES Act and the Paycheck Protection Program (PPP) that uniquely impact government contractors, we summarize here a new Small Business Administration (SBA) loan decision appeal rule.

Background on the New Rule

On March 27, 2020, the CARES Act became law. Section 1102 of that

Now There’s Something You Don’t See Every Day:  A Subcontractor Intervening in a Bid ProtestFans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day, Edgar.” “What’s that, Chauncey?” And then Chauncey would tell the joke, such as it was. (It usually wasn’t much.)

The Little Tucker Act Is Alive and WellMost government contract lawyers are already familiar with the Tucker Act (28 U.S.C. § 1491), which gives the U.S. Court of Federal Claims jurisdiction over many non-tort claims against the United States, including contract disputes, Fifth Amendment takings, tax refunds, and other matters. But another Tucker Act is often overlooked: the Little Tucker

Gimme Some Money! – Recent GAO Cases on Recovering Bid Protest CostsAlthough the film This Is Spinal Tap was released in 1984, a bid protest attorney whose client has gotten corrective action or had a protest sustained might still hum along with that film’s song, Gimme Some Money, when thinking about the recovery of protest costs. A protester’s urge to “turn it up to eleven”

When Does an Enhanced Debriefing Close? A Recent Court Decision ExplainsOne might forget these days that bid protests are still going on. But they are, and a recent Court of Federal Claims (COFC) case provides insight into the timeliness of protests for the purpose of obtaining a stay of contract performance when filed under the enhanced debriefing procedures of the Department of Defense (DOD).

Background

As we discussed in a previous article, the Coronavirus Aid, Relief, and Economic Security Act, known as the “CARES Act,” provides much-needed relief to “small” businesses in several areas, including by appropriating substantial money to support the 7(a) Loan Program and the Economic Injury Disaster Loan (EIDL) Program.

However, determining whether one’s

How the CARES Act Benefits Small BusinessesIn response to the COVID-19 pandemic, Congress recently passed, and President Trump signed, the Coronavirus Aid, Relief, and Economic Security Act, known as the CARES Act. Described in the media as the “largest emergency aid package in U.S. history,” this unprecedented $2.2 trillion economic rescue package promises to “deliver a tidal

All Means All: Who “Controls” an SDVOSB?A recent bid protest appeal decision by the U.S. Court of Appeals for the Federal Circuit — XOtech, LLC v. United States — provides clear guidance on what it means to “control” a service-disabled veteran-owned small business (SDVOSB). In short, for a limited liability company (LLC) to qualify as an SDVOSB, at least one service-disabled

No Weasel Words in Government Contract Claims Regarding Amount ClaimedWeasel words: “Words or statements that are intentionally ambiguous or misleading.”  Concise Oxford English Dictionary 1635 (11th ed. rev. 2008).

The Armed Services Board of Contract Appeals (ASBCA) recently dismissed in part Odyssey International, Inc.’s appeal of a government contracts claim for consequential damages because the contractor failed to seek a “sum certain.” Instead,