Ambiguity is an important concept in both a solicitation and in a contract.  There are two types of ambiguities—patent and latent.  Where...

A recent case at the Armed Services Board of Contract Appeals (the “Board”) found the Air Force liable for a superior knowledge claim on...

The Government Accountability Office recently reminded us that the requirements in the Federal Acquisition Regulation (“FAR”) for Part 19...

The Court of Federal Claims (“COFC”) recently released a decision where it declined to dismiss (for lack of jurisdiction) a protest of a...

The Federal Circuit recently sent an appeal back to the Court of Federal Claims (“COFC”) because the lower court had dismissed the claim,...

You must be extremely careful with protected material obtained in a Government Accountability Office (“GAO”) protest.  BBGSRO, the...

There are literally hundreds (perhaps thousands) where the Government Accounting Office (“GAO”) has dismissed a protest because it was...

A recent decision by the Government Accountability Office (“GAO”) explained that an agency had unreasonably determined that the statutory...

In a recent protest sustained by the Government Accountability Office (“GAO”), the GAO concluded that once an initial offer has been...

The Government Accountability Office (“GAO”) recently considered a solicitation for a Federal Supply Service procurement that permitted...

The Department of Defense, Defense Information Systems Agency (“DISA”), sought telecommunications services that would be used by the U.S....

The Armed Services Board of Contract Appeals (“ASBCA”) recently considered an appeal involving claim certification that was made in an...

On January 3, 2025 Booz Allen Hamilton Holding Corporation (“Booz Allen”) agreed to pay the United States $15,875,000 to resolve...

How can you determine from looking at a contract that it is, or is not a Department of Defense (“DOD”) contract? It’s a matter of...

In a recent Government Accountability Office (“GAO”) protest, the GAO again explained that agencies are not required to follow the rule...

On November 5, 2024, the Armed Services Board issued a second ruling on an appeal of a Washington Metropolitan Area Transit Authority...

The Court of Appeals for the Federal Circuit has provided guidance in Zafer Const. Co. v. United States, 40 F. 4th 132 (Fed. Cir. 2022)...

When a Board of Contract Appeals (or a Court) issues an order, it expects that order to be obeyed.  The following case is an example of...

Agencies are required to ensure that the award of any contract is made at a fair and reasonable price. Federal Acquisition Regulation...

Does the absence of a required claim render a Contracting Officer’s (“CO”) “final” decision invalid?.  The answer is simple, such a...