This blog has repeatedly explained that options in a contract must be exercised by the government in strict accordance with the terms of...
There is a long line of precedent which has established that contract terms that are agreed upon by the parties must be enforced. See...
The Armed Services Board of Contract Appeals (“ASBCA”) recently held that the accrual of a claim occurs when some injury has occurred to...
In a jurisdictional case, the Armed Services Board of Contract Appeals again reaffirmed that it had jurisdiction to consider claims when...
Because COVID-19 cases are raging in the United States, there may be more claims and Requests for Equitable Adjustment (“REAs”) relating...
Each fiscal year, the Small Business Administration (“SBA”) reports on achievement of procurement goals, as required by Section 15(g) of...
A recent Board case demonstrates that the government may revoke acceptance of a product, but that revocation must be made within a...
The Government Accountability Office (“GAO”) recently reiterated its prior holdings that unless there is a provision in the solicitation...
The answer to the question in the title is “yes,” when bidding on a single Contract Line Item Number (“CLIN”) or the entire contract,...
The Contract Disputes Act, 41 U.S.C. §§ 7101-7109 requires that a contractor appeal a contacting officer’s decision to an agency Board...
What happens when a response to an offer does not match the terms offered? In common law this mismatch between offer and acceptances...
A significant number of competitions are held pursuant to task orders either issued under the Federal Supply Schedules (See Federal...
Although the Government Contracting Officer contended that FireEye/Force 3 support services provided to the Dept. of Health and Human...
What does it take to divest a Contracting Officer (“CO”) of his/her authority to decide or resolve claims? In a recent case at the...
In a recent case at the Court Appeals for the Federal Circuit (“CAFC”), the Court concluded that the government ordered a constructive...
The Federal Acquisition Regulation (“FAR”) states that “purchases shall be made from, and contracts shall be awarded to, responsible...
The Assignment of Claims Act of 1940 (31 U.S.C. § 3727 & 41 U.S.C. § 6305), provides a financing mechanism somewhat similar to the...
The Army’s advising an offeror that its proposed price exceeded the amount of funds available for the contract was not misleading,...
Two previous blogs have discussed Hejran Hejrat Co. Ltd., v. U.S. Army Corps of Engineers, 930 F.3d1354 (Fed. Cir. 2019), and considered...
The Supreme Court narrowed the category of documents that must be released in response to a Freedom of Information Act (“FOIA”) request....