Georgia:
I'm trying to learn as much as I can about interference with government contracts, and taking a company's plans and giving them to another company without compensation to the rightful owner.
I know the government is going to use this as their defense to get out of paying damages:
"Failure to state a claim for which relief can be granted"
I saw them use it at the US District Court level, and now that we are going into the Court of Federal Claims, I want to make sure I don't set my case up for them to use that statement.
How do you properly state a claim, so they can't say you failed to do it?
Also, where can I find the laws referencing interference with contracting? Basically, government employees worked with their favorite pet corporations to shut out three small businesses from being able to bid on contracts, by hiding the requirements to the contract. When protests were filed with the GAO, documents were falsified, saying there were no requirements and no contract was awarded. The GAO dropped the protest on the grounds a contract was not awarded to anyone. However, a contracting officer felt "compelled" to admit later that contract really was awarded. He gave the information to find the contract number, who awarded it, and who received the award. When the GAO was notified, they said it was a civil matter that had to be fought in court.
On a separate contract, the same three small businesses tried to bid on the contract, and again, the exact same pet corporation got the contract, even though they represented the government in evaluating the plans of the small business. FAR 9.5 prohibits them from participating in the solicitation. They even helped the small business write the statement of work, write the cost proposal and rough estimate of magnitude. They also adviced the government that the plans had technical merit and should be implemented in the military. They later decided they wanted the contract, and leaked the information about the plans with an 8(a) company. The contract was forced as an 8(a) set-aside, because the three companies who were getting the contract could not possibly fall under the 8(a) status. Small business filed a protest with the GAO. The GAO dropped the protest claiming the company did not participate in the solicitation, however, in the US District Court, this company forgot they told the GAO they were not involved in the contract, and they filed an afidavit saying they were involved.
A government employee, who was acting as the contracting negotiator, testified in a deposition to diclosing the small business plans to the 8(a) company, and testified to dirty contracting practices being done to hurt small businesses.
Now, we are on our way to the Court of Federal Claims. I'm a pro se litigant who needs to understand exact laws, because I know they are going to want case references, laws, etc.
I want to start with "Failure to state a claim....." and also interference with contracting.
I'm trying to learn as much as I can about interference with government contracts, and taking a company's plans and giving them to another company without compensation to the rightful owner.
I know the government is going to use this as their defense to get out of paying damages:
"Failure to state a claim for which relief can be granted"
I saw them use it at the US District Court level, and now that we are going into the Court of Federal Claims, I want to make sure I don't set my case up for them to use that statement.
How do you properly state a claim, so they can't say you failed to do it?
Also, where can I find the laws referencing interference with contracting? Basically, government employees worked with their favorite pet corporations to shut out three small businesses from being able to bid on contracts, by hiding the requirements to the contract. When protests were filed with the GAO, documents were falsified, saying there were no requirements and no contract was awarded. The GAO dropped the protest on the grounds a contract was not awarded to anyone. However, a contracting officer felt "compelled" to admit later that contract really was awarded. He gave the information to find the contract number, who awarded it, and who received the award. When the GAO was notified, they said it was a civil matter that had to be fought in court.
On a separate contract, the same three small businesses tried to bid on the contract, and again, the exact same pet corporation got the contract, even though they represented the government in evaluating the plans of the small business. FAR 9.5 prohibits them from participating in the solicitation. They even helped the small business write the statement of work, write the cost proposal and rough estimate of magnitude. They also adviced the government that the plans had technical merit and should be implemented in the military. They later decided they wanted the contract, and leaked the information about the plans with an 8(a) company. The contract was forced as an 8(a) set-aside, because the three companies who were getting the contract could not possibly fall under the 8(a) status. Small business filed a protest with the GAO. The GAO dropped the protest claiming the company did not participate in the solicitation, however, in the US District Court, this company forgot they told the GAO they were not involved in the contract, and they filed an afidavit saying they were involved.
A government employee, who was acting as the contracting negotiator, testified in a deposition to diclosing the small business plans to the 8(a) company, and testified to dirty contracting practices being done to hurt small businesses.
Now, we are on our way to the Court of Federal Claims. I'm a pro se litigant who needs to understand exact laws, because I know they are going to want case references, laws, etc.
I want to start with "Failure to state a claim....." and also interference with contracting.
