Most 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
Patrick R. Quigley
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.
Gimme Some Money! – Recent GAO Cases on Recovering Bid Protest Costs
Although 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 Explains
One 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
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CARES Act: Small Business Loan Eligibility & “Affiliation” Issues Explained
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 Businesses
In 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 Claimed
Weasel 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,…
The 5 Most Important Bid Protest Decisions of 2019
Bradley attorneys Aron Beezley, Patrick Quigley, Sarah Osborne, and Lisa Markman recently published a Law360 Expert Analysis article on the five most important bid protest decisions of 2019: NetCentrics Corp. v. United States, PAE-Parsons Global Logistics Services, LLC v. United States, Space Exploration Technologies Corp. v. United States, Oracle America, Inc. v.
GAO Issues Rare Advisory Opinions
Recently, the Government Accountability Office (GAO) issued two advisory opinions relating to protests currently before the U.S. Court of Federal Claims (COFC). See AECOM Mgmt. Servs., Inc.–Advisory Opinion, B-417506.12, Sept. 18, 2019; see also PAE-Parsons Global Logistics Servs., LLC–Advisory Opinion, B-417506.13, Oct. 18, 2019. The decisions themselves do not involve unique issues, but…
The Three Most Important Bid Protest Decisions of 2018
Bradley attorneys Aron Beezley, Patrick Quigley, and Sarah Osborne recently published a Law360 “Expert Analysis” article on the three most important bid protest decisions of 2018: Dell Federal Systems, L.P. v. United States, 906 F.3d 982 (Fed. Cir. 2018); PDS Consultants, Inc. v. United States, 907 F.3d 1345 (Fed. Cir. 2018);…