One of the recurring themes in bid protests that are sustained by the Government Accountability Office (“GAO”) is the need for agencies...

In a long and detailed opinion, the Office of Hearings and Appeals (“OHA”) of the Small Business Administration (“SBA”) discusses many of...

In evaluating past performance of an offeror, the Government Accountability Office (“GAO”) has a longstanding series of decisions that...

Even where correction of a bid that results in displacement of a lower bid , it will be permitted where the existence of the mistake and...

The jurisdiction of the Boards of Contract Appeals is limited, and a recent case reminds us that Boards cannot grant injunctive relief or...

A government termination for default is a drastic sanction which requires that the government produce solid evidence proving that the...

A recent Government Accountability Office (“GAO”) bid protest demonstrates how easy it is for an offeror to make a material...

In a recent blog on this site, “Defective Claim Certification or No Claim Certification,” this blog explained that a contractor’s failure...

A recent case from the Armed Services Board of Contract Appeals (“ASBCA”) reminds us that the ASBCA, the Civilian Board of Contract...

This blog has frequently noted the crucial importance for offerors to comply with instructions in a solicitation. This is particularly...

On December 17, 2018, the President signed the “Small Business Runway Extension Act of 2018,” Pub L. No. 115-324 (“Runway Act”). This act...

In a recent decision, the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed that even if a concern...

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2018 on November 27,...

A bidder’s failure to acknowledge a material amendment to an Invitation for Bids (“IFB”) normally requires the agency to reject the bid...

Recently, the Government Accountability Office (“GAO”) issued a report on the Lowest Price Technically Acceptable (“LPTA”) process of...

Nearly 100 years ago, U.S. Supreme Court Justice Holmes wrote “Men must turn square corners when they deal with the Government.” Rock...

The Boards of Contract Appeals and the Court of Federal Claims have jurisdiction to consider an appeal only if a valid claim was made. ...

Under the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if...

The Government Accountability Office (“GAO”) recently considered a protest challenging a Department of Energy (“DOE”) decision not to set...