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Government Contracting Blog

(See also the articles page of this site)

Email Accord and Satisfaction for Modification

Can an exchange of electronic documents (such as emails) between a contracting officer (“CO”) and a Contractor’s Contracts Manager create...

Nexus and the Contract Disputes Act

Does a board of contract appeals or the Court of Federal Claims have jurisdiction over a breach of a government contract government if...

115 Percent Price Premium Not Worth It

When you read about best value (tradeoff) decisions in Government Accountability Office (“GAO”) bid protests, you may wonder why so many...

Failure to Novate

The Assignment of Claims Act, 31 USC § 3727 and the Assignment of Contracts Act, 41 USC §6305 broadly prohibit transfers of contracts...

A Trio of Short Cases with a Message

DON’T RELY ON COMPUTER-GENERATED DELIVERY CONFIRMATIONS OF YOUR PROPOSAL This blog has discussed computer-generated confirmations of...

Whereas Clauses are Not Contractual

A recent dispute involving three separate claims resulted in the Court of Federal Claims noting that “[w]hereas clauses are not...

Absence of an Adequate Record: GAO

Meaningful resolution of any bid protest, whether at the Court of Federal Claims or the Government Accountability Office (“GAO”), is...

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