Formal agency protests must be submitted in accordance with Federal Acquisition Regulation (“FAR”) 33.103, which sets out specific rules,...

A recent decision of the Armed Services Board of Contract Appeals (“Board”) held that as long as a mark (such as a typed signature) purpo...

“Constructive” is defined as “legally imputed; existing by virtue of legal fiction though not existing in fact.” Blacks Law Dict. (Tenth...

A recent decision of the Civilian Board of Contract Appeals (“CBCA”) demonstrates the importance of a contractor responding to government...

In a recent Armed Services Board of Contract Appeals (“ASBCA”) case, the Board rejected the government’s right to remove a case where the...

The FAR is very clear that if an agency seeks to use the “brand name [or equal]” method of procurement, this essentially is a sole-source...

The Federal Debt Collection Act of 1982 (“DCA”), provides a way for agencies to offset a pre-existing, valid debt. Pursuant to the DCA th...

A “course of dealing” is a “sequence of previous conduct between the parties to an agreement which is fairly to be regarded as establishi...

Contractors should use care when submitting an appeal to a Board of Contract Appeals or the Court of Federal Claims. Contractors must ens...

There is a long-standing rule in government contracting known as “contra preferentem” (against the drafter) which states that where there...

One section of the Contract Disputes Act, 41 U.S.C. § 7103(c)(1), states that “[t]his section does not authorize an agency head to settle...

Government contractors sometimes fail to recognize how difficult it is to “undo” a general release they have signed, typically at the end...

A recently considered size decision was remanded to the Area Office of the Small Business Administration (“SBA”) by the Office of Hearing...

Although the Armed Services Board of Contract Appeals (“ASBCA”) and the Postal Service Board of Contract Appeals (“PSBCA”) accept appeals...

The Federal Circuit recently discussed the requirements of a “differing site conditions” claim under the appropriate contract clause. U.S...

Federal Acquisition Regulation (“FAR”) Subpart 6.3 deals with “Other Than Full and Open Competition” and identifies seven statutory autho...

It is frequently the case that a proposal is rejected or downgraded because it fails to follow the requirements of the solicitation. Then...

The U.S. Code provides that “interest on a claim against the United States shall be allowed in a judgment of the U.S. Court of Federal Cl...

The Court of Federal Claims recently considered an award where the Army Corps of Engineers (“COE”) refused to implement an automatic stay...

The Civilian Board of Contract Appeals recently considered a case of an agency seeking to change a modification after there was implicit ...