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The Wifcon Blog

The Hobbit: An Unexpected Contract Analysis

Posted by bob7947, 25 January 2013 · 920 views

One of our colleagues sent this to me and I am posting it for you.  Even Bilbo Baggins has a contract attorney to watch over him. "I, the undersigned, [referred to hereinafter as Burglar,] agree to travel to the Lonely Mountain, path to be determined by Thorin Oakenshield, who has a right to alter the course of the journey at his so choosing, without...

Design Defects & Differing Site Conditions

Posted by bob7947, 18 January 2013 · 1,141 views

Searching for an item to post is time-consuming and frustrating.  However, some times an item pops up from an unexpected place.  In this case, it was the U. S. Civilian Board of Contract Appeals.  The case is straightforward and easy to read and contains some excerpts that are noteworthy.  Here is what the Board said: "Our view is in line with the co...

The Sovereign Has Not Consented To Be Sued

Posted by bob7947, 16 January 2013 · 860 views

In Estes Express Lines, Inc. v. U. S., No. 11-597C, January 15, 2013, the Court of Federal Claims said:"For the government to be sued on a contract pursuant to the Tucker Act, there must be privity of contract between the plaintiff and the United States." "This is so because the doctrine of sovereign immunity precludes a suit against the Unite...

Government Contracting Improvement Act of 2012?

Posted by bob7947, 21 December 2012 · 877 views

At this time of year, newly introduced legislation often is introduced and then quickly enters oblivion.  I checked this Senator's committee and subcommitee assignments and did not find any direct link to federal contracting.  Maybe that explains it."Sen. Toomey's bill would require the GAO to include the most common reasons bid protests are s...

Rebates And Discounts In Food Service Contracts

Posted by bob7947, 12 December 2012 · 785 views

"The Subcommittee’s investigation of food service contracts has revealed systemic deficiencies in the transparency and oversight of contractors’ rebate and discount policies. Chairman McCaskill asked Office of Management and Budget Director Zients to review the Subcommittee’s findings and issue guidance to federal agencies to address...

Army Processes A Debarment Referral In About 323 Days

Posted by bob7947, 11 December 2012 · 825 views

In a letter to the Secretary of the Army and the Chief of Staff of the Army, Senator McCaskill, Chairman of the Senate Subcommittee on Contracting Oversight and Senators Shaheen, Coburn, Burr, Webb, Cornyn, Inhofe, and Blumenthal, questioned the significant delays between when a referral is made to the Army and when the Army takes action to keep the contr...