Cohen Mohr Argues Case of First Impression in Federal Circuit re: BCA Jurisdiction Under Contract Disputes Act: Sharp v. Dept. of the Army, 2012-1299 (Fed. Cir.)

On December 6, 2012, the Court of Appeals for the Federal Circuit heard argument in a case of first impression regarding the interpretation and application of FAR 8.406-6, which provision determines the authority of the ordering agency contracting officer to issue final decisions on claims under the Contract Disputes Act, 41 U.S.C. § 7101 et seq.  The provision has been a source of confusion and uncertainty since it was amended in 2002.  See Spectrum Healthcare Resources, Inc., ASBCA No. 55120, 06-2 BCA ¶33,377; Sharp Electronics Corp., ASBCA No. 54475, 04-2 BCA ¶32,704.  A link to audio recording of the argument can be found here: https://oralarguments.cafc.uscourts.gov/default.aspx?fl=2012-1299.mp3. A decision is expected in 2013.

Related Resources

Published on:

Cordatis protest win snatches victory from the jaws of defeat

A Cordatis team consisting of Daniel Strouse, Pablo Nichols, John O'Brien, Jason Moy, and Rhina Cardenal recently won a post-award protest on behalf of our client ITillity, LLC.
Published on:

Medical Marijuana and Security Clearances

A Cordatis team consisting of Bill Savarino and Rhina Cardenal successfully defended the security clearance of an individual facing accusations related to the use of medical marijuana. Bill Savarino and Rhina Cardenal successfully defended the security clearance of an individual facing accusations related to the use of medical marijuana.
Published on:

“Judge Criticizes USPS as K-9 Screening Contract ‘Saga’ Ends”

Law360 recently published an article highlighting Daniel Strouse and Josh Schnell's successful representation of our client in a multi-year protest of a major USPS procurement for bomb-detection services. During the course of this long-running protest, our client went from protester, to awardee, to successful incumbent.