Government Contracting Blog

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Ignoring A Board Order: Failure to Prosecute

Both the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”) have clear rules that...

Confidence Decreasers

In a recent technical evaluation in a procurement by the Department of Homeland Security for cybersecurity services, instead of assigning...

Constructive Notice of Award

Should you read the Governmentwide point of entry (“GPE”) every day? Of course, if you have an offer pending. The GPE is considered...

Are Unpaid Promissory Notes "Incurred Costs?"

In an interesting case, the Armed Services Board of Contract Appeals (“ASBCA”) was asked to rule on a government claim seeking to deny...

No Presumption of Prejudice in Irrational Award

Recently, the Federal Circuit clearly stated that there is no presumption of prejudice whenever the Court of Federal Claims determines...

Defective Design Specifications

Design (as opposed to performance) specifications in a contract must be free from design defects. Whenever a contract provides a...