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Government Contracting Blog

(See also the articles page of this site)

Be Sure Your Proposal is Explicit

A recent blog stated the following: You Can't Assume Anything When Drafting A Proposal The best rule to follow when drafting a proposal...

Termination for Default is a Government Claim

Termination for default is a government claim that the government bears the burden of proving.   Heffler Contracting Group, ASBCA No....

A Litany of Sustains at the GAO

It’s rare but it does happen, that the Government Accountability Office (“GAO”) sustains five separate violations of the procurement...

Asserting Duress in Signing a Modification

Sand Point Services, LLC brought two claims before the Armed Services Board of Contract Appeals, both involving modifications.  Sand...

Requirements Contracts: Words of Exclusivity

The Federal Circuit recently clarified that an agency’s contract may still contain requisite language to make it a requirements contract,...

How NOT to Incorporate by Reference In A Contract

A recent decision by the Civilian Board of Contract Appeals (“Board”) demonstrates how careful and definitive a contractor must be (and,...

You Can't Assume Anything When Drafting A Proposal

The best rule to follow when drafting a proposal is to check every requirement in the solicitation, and then have your work doublechecked...

Bundling

A recent case at the Federal Circuit discussed the statutory and regulatory requirements for bundling, in the context of a bid protest...

Snooze and Lose

The Armed Services Board of Contract Appeals (the “Board”) reminded the government that if it failed to raise jurisdictional issues...

NO CLARIFICATIONS REQUIRED

Federal Acquisition Regulation (“FAR”) 15.306 deals with “Exchanges with offerors after receipt of proposals.”  It is important to...

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