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Procurement Guidelines › Federal Acquisition Regulations (FAR) › Arbitrary and Capricious

Davis Wright Tremaine LLP

ASBCA Reaffirms That Contractors May Recover Damages for Arbitrary CPAR Ratings Issued by the Government

Davis Wright Tremaine LLP on

The U.S. Armed Services Board of Contract Appeals recently addressed whether a contractor is entitled to the recovery of monetary damages arising from a negative CPAR rating issued by the government. The Board's decision in...more

Pillsbury - Bid Protest Debrief

“Consistently Inconsistent”: Court of Federal Claims Finds Navy’s Past Performance Rating System Arbitrary

Pillsbury - Bid Protest Debrief on

In Advanced Technology Systems Company v. United States, U.S. Court of Federal Claims, No. 25-515C (July 16, 2025), Advanced Technology Systems Company (ATSC) protested the Navy’s award of a contract for a nationwide maritime...more

Fox Rothschild LLP

Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists

Fox Rothschild LLP on

Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more

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