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....
The Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an...
It is well-recognized that a party (either government or contractor) that seeks recovery of its incurred costs has “the burden of proving...
One of the bedrock principles of the Contract Disputes Act (“CDA”) is that each claim by a contractor relating to a federal contract...
When dealing with quotations or offers for commercial items, the standard instructions for offerors make it clear that the submission...
Both the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”) have a failure to...
Recently, in a small business set-aside, the Government Accountability Office (“GAO”) confirmed an agency’s finding that a protester’s...
The Contract Disputes Act permits either the government (with the prior approval of the Attorney General) or the contractor to appeal the...
Neither a termination for default, nor a termination for cause must be presented to the contracting officer (“CO”) prior to appealing to...
A protester filed a bid protest on a Defense Department procurement at the Government Accountability Office (“GAO”) six days after...
Suppose a size determination ultimately finds a contractor is “not small” but the award has already been made? (This is a distinct...
Readers of this blog understand that there can be a difference between a Request for Equitable Adjustment (“REA”) and a claim under the...
Federal Acquisition Regulation (“FAR”) 15.306 states that negotiations with offerors in the competitive range are designed to “maximize...
The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) has a very clear-cut set of guidelines for deciding...
The Federal Circuit recently considered the Federal Acquisition Regulation (“FAR”) language which requires a Contracting Officer to...
The Defense Federal Acquisition Regulation Supplement (“DFARS”) requires the inclusion of a clause in any contract in which noncommercial...
The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a significant opinion that makes it very clear to agencies that the...
Reversing a Court of Federal Claims ruling, the Court of Appeals for the Federal Circuit (“CAFC”) recently held that a bidder that had...