The Civilian Board of Contract Appeals (“CBCA”) recently set forth the requirements for a person who signs a contractor’s certification...
In a recent blog, I explained that an agency does not need to give offerors a chance to submit a second final proposal revision. See...
This blog frequently discusses appeals before the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract...
The fixed price default clause at Federal Acquisition Regulation (“FAR”) 52.249-8(c) as well as the “excusable delays” clause in...
It is not possible to delineate all situations where a contractor is entitled to an equitable adjustment in price and/or time to perform...
Two recent Government Accountability Office (“GAO”) protests give a very clear picture that offerors must ensure that their proposals...
In negotiated procurements, at the conclusion of discussions (negotiations), every offeror in the competitive range must be given an...
A previous blog, “The Government Controls the Options,” makes clear that contractors cannot demand that the Government exercise an option...
Virtually all government contract options (for more quantities of goods, or for an extension of services), are generally priced...
This blog discusses two contractors who sought to appeal a contracting officer’s final decision on their claims, which final decisions...
This blog recently discussed a Federal Circuit decision which held that a contractor’s claim does not accrue until the exact amount (“sum...
In a recent blog post, “Pricing Commercial Trash Pickup: By The Ton Or By The Run?”, this blog discussed a protest where the Army sought...
In mid-June, the U.S. Supreme Court adopted the “implied false certification” theory of liability, which treats a contractor’s invoice or...
In a recent decision by the Court of Federal Claims, the Court refused to dismiss a case over a terminated U.S. Postal Service (“USPS”)...
The Federal Circuit recently clarified that a contractor’s claim does not accrue until the exact amount (“sum certain”) of the claim is...
For as long as this writer can remember, the Government Accountability Office (“GAO”) has hewed to a hard and fast rule about amendments...
A recent blog identified “Six Recurring Agency Mistakes in Discussions.” One of the frequently repeated mistakes (conducting unequal...
The Government Accountability Office (GAO) has considered numerous protests alleging that an offeror’s bid was “unbalanced.” Only a...
Two recent cases at the Small Business Administration Office of Hearings and Appeals (“OHA”) address affiliation of companies based on...
Most small (and even some large) businesses don’t realize that it is to appeal a denied claim to either the Armed Services Board of...