The Government Accountability Office (“GAO”) recently reiterated its prior holdings that unless there is a provision in the solicitation...

The answer to the question in the title is “yes,” when bidding on a single Contract Line Item Number (“CLIN”) or the entire contract,...

The Contract Disputes Act, 41 U.S.C. §§ 7101-7109 requires that a contractor appeal a contacting officer’s decision to an agency Board...

What happens when a response to an offer does not match the terms offered? In common law this mismatch between offer and acceptances...

A significant number of competitions are held pursuant to task orders either issued under the Federal Supply Schedules (See Federal...

Although the Government Contracting Officer contended that FireEye/Force 3 support services provided to the Dept. of Health and Human...

What does it take to divest a Contracting Officer (“CO”) of his/her authority to decide or resolve claims? In a recent case at the...

In a recent case at the Court Appeals for the Federal Circuit (“CAFC”), the Court concluded that the government ordered a constructive...

The Federal Acquisition Regulation (“FAR”) states that “purchases shall be made from, and contracts shall be awarded to, responsible...

The Assignment of Claims Act of 1940 (31 U.S.C. § 3727 & 41 U.S.C. § 6305), provides a financing mechanism somewhat similar to the...

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...