Exculpatory Clause Does Not Insulate Government From Its Own Breach
Where a contract imposes an obligation on the government, and that obligation is a condition that ensures the contractor can perform its...
Where a contract imposes an obligation on the government, and that obligation is a condition that ensures the contractor can perform its...
In a recent appeal of an Army Corps of Engineers (the “Corps”) termination for default, the Armed Services Board (“ASBCA” or “Board”)...
The Contract Disputes Act (“CDA”), 41 USC §§ 7101-7109, requires both a claim and a contracting officer’s (“CO”) decision on a claim...
False Claims Act (“FCA”) settlements and judgments exceeded $2.69 billion in fiscal year 2023, with Health and Human Services (“HHS”) and...
In a recent solicitation by the Department of Veterans Affairs (“VA”) for a ten year, indefinite delivery, indefinite contract for supply...
The Government Accountability Office (“GAO”) recently dismissed a protest involving an Other Transaction Authority (“OTA”) procurement by...
The Government Accountability Office (“GAO”) recently considered an award where the awardee had performed part of a past performance...
The most recent report of the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”), issued on November 21, 2023, indicated a...
The most recent report of the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”), issued on November 21, 2023, indicated a...
When the Government issues a termination for convenience (“T/C”), the T/C termination clause states that “[a]fter termination, the...
In a recent Army commercial contract for leasing and maintenance of trucks, the Armed Services Board of Contract Appeals held there was a...
Contracting Officers generally have three ways in which they normally specify the minimum bid acceptance period (the time in which their...
A recent appeal of a size protest at the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) demonstrates how...
A recent straightforward case at the Court involving a claim that the Army breached its duty of good faith and fair dealing, as well as...
In a complex case, the Civilian Board of Contract Appeals denied relief on a certified claim of $3.1 million for medical services where...
The Court of Claims recently made an unsurprising ruling in a case involving the transportation of 2,532 shipments of household goods for...
Here is another board case where the Christian Doctrine mandated the inclusion of the Service Contract Act (“SCA”) Clause, even though...
Under the Contract Disputes Act, the final decision of a contracting officer “is not subject to review by any forum, tribunal, or Federal...
A contract is void or voidable if the award resulted from a misrepresentation in a contractor’s offer. This remedy is necessary when a...
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2023 on October 26,...