Federal Contracts Report Index-Summary

JAILS

JAPAN

– Arms, lifting export ban favored by Defense Minister, 93:37; review underway, 93:232
– Information technology, WTO ruling delay on EU tariffs, 93:401; preliminary ruling, 93:212 (6/22/10)
– Rare earth, China de facto embargo of Japan, DOD assessment sought, 94:362

JAVITS-WAGNER-O'DAY (JWOD) ACT

– Javits-Wagner-O'Day Act

See LEGISLATION, FEDERAL, HR 5983

JOB SAFETY

See OCCUPATIONAL SAFETY AND HEALTH

JOINT VENTURES

– Competitive range exclusion due to Excluded Parties List Sys. listing, USAF decision not to reinstate bid (Fed. Cl.), 94:187

JORDAN

– WTO's Gov't Procurement Agreement, accession, 93:142

JUDICIAL ESTOPPEL

– Conspiracy, defendants who pled guilty cannot contest U.S. loss damages under FCA (E.D. Va.), 94:509

JUDICIAL REVIEW

– Nuclear Waste Policy Act, APA waiver of immunity for judicial review (Fed. Cir.), 93:39

JURISDICTION

– Affirmative action, health care providers

– – Natl. Employment Law Inst. conference, OFCCP power over providers, 94:404
– – OFCCP expands coverage, 94:132

– Bid protests

– – AbilityOne program award, injunction (Fed. Cl.), 94:572
– – Floating military warehouse not maritime matter (Fed. Cl.), 93:146
– – Implied contract for fair and honest consideration of bid

– – – C-5 Galaxy aircraft modernization (Fed. Cl.), 94:244
– – – CDA applicability (ASBCA), 93:61

– – Road maintenance and engineering BPAs for Forest Servs., BPA not contract (Comp. Gen.), 93:42
– – “Spot buy” with formal solicitation subject to scrutiny, sustained (Comp. Gen.), 94:288
– – Task and delivery orders

– – – FAR final rule, 93:223; status box, 93:230
– – – Federal Acquisition Streamlining Act bars (Fed. Cl.), 93:282 (4/6/10)

– – Vendor Information Pages database, ineligible for inclusion, pre-award protest jurisdiction (Fed. Cl.), 94:315

– Civilian Extraterritorial Jurisdiction Act

See LEGISLATION, FEDERAL, HR 4567, S 2979

– Claims

– – Bridge contract extension denial, restraining order not granted (Fed. Cl.), 93:377
– – CDA period not jurisdictional and is subject to equitable tolling (D.C. Cir.), 94:156
– – Contractor performance assessment report, letter to CO over critical report insufficient notice under CDA (Fed. Cl.), 93:488
– – Declaratory judgment, refusal to consider (Fed. Cl.), 93:167
– – District court may only assess finality of order (E.D. Tex.), 94:387
– – Election doctrine bars appeal, claims not distinct (Fed. Cl.), 93:467
– – Equitable subrogation, surety has no standing to intervene in appeal (ASBCA), 94:159
– – Foreign Sovereign Immunities Act, broker services agreement breach by Iraq, U.S. jurisdiction (E.D. Va.), 94:110
– – Indirect costs for subcontractor, submission of claim cannot be used to circumvent payment procedures (ASBCA), 94:600
– – Marapakis ruling

– – – Affirmative claim and factual defense distinction eroded, BNA Insights, 94:81
– – – Delay damages claim defense and time extension request insufficient for CDA jurisdiction (Fed. Cir.), 93:441 (6/29/10)
– – – Forfeiture of noncertified contractor defenses under Maropakis, BNA Insights, 94:112

– – Miller Act, direct relationship with prime's subcontractor sufficient (D.N.M.), 94:458
– – Negotiation of payment sought by letter not CO's final decision, appeal dismissed (CBCA), 94:509
– – Nuclear Waste Policy Act, jurisdiction for mandamus order on statutory interpretation not in conflict with breach claim (Fed. Cir.), 93:39
– – Options, ADRA inappropriate basis for contract nonrenewal (Fed. Cl.) , 93:16
– – Performance rating dispute

– – – Navy (ASBCA), 94:44
– – – USAF (ASBCA), 93:441

– – “Precedent agreement” with pipeline provider is contract subject to CDA (CBCA), 94:286
– – Real property exchange not complete, conversion of motion to failure to state claim (Fed. Cl.), 94:187
– – Refuse services, defective certification correctable (ASBCA), 94:601
– – Signature, certification lacking, no jurisdiction on appeal (ASBCA), 94:435
– – Sum certain requirement

– – – Approximation insufficient, jurisdiction not established (ASBCA), 94:142
– – – CO letter contained no sum certain demand and no reference to final decision (ASBCA), 93:403

– – Trademark use under cooperative agreement, breach alleged (Fed. Cl.), 94:538
– – Water handling services, no contract arose under USDA BPA (CBCA), 94:159
– – Zodiak products, breach of confidentiality and contract (Fed. Cl.), 93:219 (6/22/10)

– FCA

– – First-to-file rule, dismissal of subsequent suit over non-TAA compliant website listings (D.D.C.), 94:43
– – Public disclosure bar

– – – Cal. state committee report no bar to relator's claim (9th Cir.), 94:43
– – – Durable medial equipment supplier joint venture, dismissal of claim based on HHS administrative reports (N.D. Miss.), 93:283 (4/13/10)
– – – FOIA, claim based on request that yielded VETS-100 filings (2d Cir.), 93:281 (4/13/10)
– – – Medicare providers' alleged kickbacks, solicitor general's views on when relator must provide information (U.S., order), 93:165; salesman qualified as source (rev den), 93:441 (6/29/10)
– – – Scope changes may increase filings, FCR Analysis, 93:319
– – – State or local administrative materials, barring of actions (U.S., dec), health reform law limits ruling, 93:279 (4/6/10)
– – – Travel services provider's documents not “public documents” (E.D. Ark.), 93:17

– Government contractor defense, mortar shell explosion liability (D. Haw.), 94:574
– Insourcing decision for USAF IT services, COFC jurisdiction (W.D. Tex.), 94:485
– Mootness

See MOOTNESS

– Randolph-Sheppard Act, lessee has no implied or express right to action (D. Haw.), 94:158
– Torts

– – Driver shooting in Iraq, jurisdiction over interlocutory appeal (5th Cir.), 93:341
– – Hexavalent chromium exposure at Iraq water plant, no jurisdiction over Natl. Guard soldiers' failure to warn suit (S.D. Ind.), 93:212
– – Lieutenant Colonel Dominic “Rocky” Baragona Justice for American Heroes Harmed by Contractors Act

See LEGISLATION, FEDERAL, HR 2349, S 2782

– – Personal jurisdiction defense (11th Cir.), 93:77

JUSTICE DEPARTMENT (DOJ)

– Bid protests

– – Motion to supplement administrative record

– – – Deposition testimony of bias against incumbent (Fed. Cl.), 93:216 (6/22/10)
– – – USAJOBS screenshot on data security, allowed in part (Fed. Cl.), 93:284 (4/13/10); award upheld due to price difference, 94:45

– – Proposal evaluation, FOIA system, failure to make evenhanded review and conduct discussions (Comp. Gen.), 93:124

– FCPA indictment of 22 contractor employees, 93:56
– Open EAJA Act

See LEGISLATION, FEDERAL, HR 4717

– Recovery Initiative, enforcement, BNA Insights, 94:53
– Settlements and plea deals, fraud prevention effectiveness, 93:431
– Termination of county's prison contract was breach (Fed. Cl.), 94:140

JUSTICIABILITY

– FEMA reissuance of solicitation, pre-award protest (Fed. Cl.), 93:41
– Political question doctrine

– – Convoy accident in Iraq, KBR employees' suits not barred (S.D. Tex.), 93:144; Defense Base Act bar, 93:315
– – Hexavalent chromium poisoning of Natl. Guard, no bar to suit (D. Or.), 94:435
– – Waste disposal and contaminated water, toxic exposure claims proceed (D. Md.), 94:287

JWOD

See JAVITS-WAGNER-O'DAY (JWOD) ACT