The Corps of Engineers learned the hard way that 28 U.S.C. § 516 means what it says, and that the Department of Justice has the right to...

As of the last week in August 2017, there is no agreement in Washington, DC on a great budgetary trifecta: (1) a needed increase in the...

Most construction contractors understand that Federal Acquisition Regulation (“FAR”) 52.236-21, Specifications and Drawings for...

The Small Business Administration (“SBA”) size regulations include an “ostensible subcontractor” rule. This rule provides that when a...

When a manufacturing or supply contract is set aside for small businesses, the Small Business Administration (“SBA”) size regulations...

The Truth in Negotiations Act (“TINA”) requires that contractors furnish cost or pricing data before an agreement on price for most...

Negotiated procurements conducted pursuant to Federal Acquisition Regulation (“FAR”) Part 15 are structured with one Source Selection...

In what appears to be a first, the Government Accountability Office (“GAO”) sustained a protest because an agency imposed unreasonably...

Constructive acceleration occurs when the government demands the contractor’s compliance with an original contract deadline even though...

Claude Mayo Construction Company, Inc. (“Mayo”) had a contract with the General Services Administration (“GSA”) to renovate a U.S....

In a recent bid protest decision, the Government Accountability Office (“GAO”) made clear that when agencies conduct competitions for...

How many contractor demands for payment make a claim? The Contract Disputes Act (“CDA”) requires that “each claim by a contractor...

About a year ago, this blog published two articles on discussions, “Six Recurring Agency Mistakes in Discussions” and “Once Again:...

This blog has frequently discussed cases supporting the strong principle that the federal government has given the authority to enter...

Black’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of...

The Government Accountability Office (“GAO”) recently deemed as permissible the use of the “highest technically rated offerors with a...

In early February 2017, the Fraud Section of the Department of Justice (“DOJ”) Criminal Division issued an eight page paper on how DOJ...

In a long and complex case, the Armed Services Board of Contract Appeals (“ASBCA”) recently explained that a First Article Test (“FAT”)...

In a timber sale contract (where the government contractor cuts down timber and sells it, presumably at a profit), the Civilian Board of...

Many people think they have a valid government contract, but much of the litigation in the Courts and the Boards of Contract Appeals...