May an agency Source Selection Official rely on his/her personal knowledge in making a source selection? The answer is provided in...
There are only very narrow circumstances under which the prices in a fixed-price contract can be reformed. Unfortunately, in the case of...
Government contracts professionals know that the decisions on bid protests issued by the Government Accountability Office (“GAO”) are...
The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) reiterated in a recent protest that in a long term...
Both the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”) have clear rules that...
In a recent technical evaluation in a procurement by the Department of Homeland Security for cybersecurity services, instead of assigning...
Should you read the Governmentwide point of entry (“GPE”) every day? Of course, if you have an offer pending. The GPE is considered...
In a recent decision, Judge Solomson of the Court of Federal Claims declined to follow the Government Accountability Office (“GAO”) rule...
In an interesting case, the Armed Services Board of Contract Appeals (“ASBCA”) was asked to rule on a government claim seeking to deny...
A termination for default or a termination for cause requires the government to bear the burden of proof that its action was justified. ...
In an interesting case, the Armed Services Board concluded that a contractor had appealed every single final contracting officer (“CO”)...
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...