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Government Contracting Blog

(See also the articles page of this site)

No COVID-19 Adjustment in Fixed-Price Contract

The Boards and Court of Federal Claims have been consistent in denying price adjustments in fixed price contracts. This was the...

GAO Bid Protest Activity in FY 2022

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2022 on November 2,...

Defective Cure Notice-Acceptable Performance

The Civilian Board of Contract Appeals recently ruled that the Department of Veterans Affairs (“VA”) had improperly terminated two...

Independent Judgment of Source Selection Authority

Federal Acquisition Regulation (“FAR”) 15.308 states that [t]he source selection authority (SSA) decision shall be based on a comparative...

Inconsistent With Customary Commercial Practices

Both the U.S. Code and the Federal Acquisition Regulation (“FAR”) state a preference for commercial products and commercial services. The...

Can A "Sum Certain" Be Found in the Claim?

Most of this blog’s readers know that in order to qualify under the Contract Disputes Act as a claim, the claim must: 1. Be a written...

Email Accord and Satisfaction for Modification

Can an exchange of electronic documents (such as emails) between a contracting officer (“CO”) and a Contractor’s Contracts Manager create...

Nexus and the Contract Disputes Act

Does a board of contract appeals or the Court of Federal Claims have jurisdiction over a breach of a government contract government if...

115 Percent Price Premium Not Worth It

When you read about best value (tradeoff) decisions in Government Accountability Office (“GAO”) bid protests, you may wonder why so many...

Failure to Novate

The Assignment of Claims Act, 31 USC § 3727 and the Assignment of Contracts Act, 41 USC §6305 broadly prohibit transfers of contracts...

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