Recently, the Federal Circuit clearly stated that there is no presumption of prejudice whenever the Court of Federal Claims determines...

The Federal Acquisition Regulation (“FAR”) warns agencies to examine closely bids and offers that may be unbalanced—that is, despite an...

Phoenix Management submitted a claim for amounts withheld in a fixed-price building maintenance and custodial contract with the General...

In a recent case, a construction contractor sought summary judgment on whether the contract’s 365 day performance period was a warranty...

Consider these statements on sealed bidding in the Federal Acquisition Regulation (“FAR”): [In sealed bidding procurement pursuant to FAR...

Many contractors have determined that they may save money and time by filing an “agency level” protest before a Government Accountability...

Design (as opposed to performance) specifications in a contract must be free from design defects. Whenever a contract provides a...

The Contract Disputes Act (“CDA”) limits the jurisdiction of the Federal Circuit when reviewing Board of Contract Appeals decisions. ...

There is a line between speculation, conjecture or inference, and “imperfect knowledge,” meaning something you know and understand but...

The Government Accountability Office (“GAO”) recently considered a simplified acquisition for leadership training, issued by the...

There is a fundamental concept in government contracting: the contractor either performs the tasks in its contract, or it will be...

Construction contracts that are subject to the Davis-Bacon Act (40 USC §§ 3131-3148), are required to include one of three possible wage...

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2021 on November 16,...

When does a claim accrue for a tax or duty imposed after award by a foreign government? And what happens if the contractor appeals the...

On September 30, 2021, David Laufer, 64, of Pittsburgh, Pennsylvania and formerly of Bethesda, Maryland, was sentenced to eight months in...

Siemens Government Technologies alleged in its claim that the Army owed it $2,889,715 for both a written contract and a contract...

Most bid protest decisions, whether issued by the Government Accountability Office (“GAO”) or the U.S. Court of Federal Claims (“CFC”)...

MLB Transportation, Inc. performed a contract to transport patients in wheelchairs by van from the Department of Veterans Affairs (“VA”)...

A “release” is the “act of giving up a right or claim to the person against whom it could have been enforced.” Black’s Law Dictionary...

Two recent Government Accountability Office (“GAO”) protest decisions highlighted once again the difference between an offeror’s...