Government Contracting Blog

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Use It or Lose It - A Primer

The Acting Secretary of the Army recently issued Army Directive 2016-16, “Changing Management Behavior: Every Dollar Counts,” April 15,...

Consequences of Government Delay or Indecision

A recent Armed Services Board decision demonstrates how important it is for the Government to respond to contractor-raised issues in a...

Anticipatory Repudiation: Good, Bad and Ugly

One important aspect of the government’s right to default terminate a contract is if the contractor refuses to perform, or unequivocally...

Ratification of Contracts

This blog has frequently explained that generally, the government can only be bound contractually by a person with actual authority,...

Always Read Your Opponent's Entire Protest

My book, “100 Worst Mistakes in Government Contracting” (Nat’l. Contr. Mgt. Assn. 2008) by Richard D. Lieberman and Jason D. Morgan,...

The Secret's In the Sauce

One of best movies in the 1990s was “Fried Green Tomatoes,” a story about a depression era café named The Whistle Stop in a little town...

Bait and Switch: Many GAO Protests, Few Sustains

In a recent Government Accountability Office (“GAO”) case, the protester alleged “bait and switch” tactics, but the GAO denied the...

Ostensible Subcontractors: How to Know If You Are One

One of the fundamental principles in the Small Business Administration (“SBA”) size regulations is that in determining a company’s size,...

Public Notice of Contracting Actions

The official public medium for providing notice of contracting actions by federal agencies is the FedBizOpps.gov website, which has been...

Competitive Prejudice

In order to win a bid protest, it isn’t enough for a protester to show that an agency has made an error (violation of law, regulation or...

A Few Reminders About Contract Claims and Appeals

A recent Armed Services Board of Contract Appeals (“ASBCA”) case, Shavers-Whittle Const., LLC, ASBCA No. 60025, Feb. 9, 2016,...