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...

It is a fundamental principle of government procurement that agencies must evaluate proposals on a common basis and in accordance with...

The following saga of two appeals demonstrates the importance of sworn affidavits in size protests and size appeals. In the first...

The Government Accountability Office (“GAO”) recently ruled that in negotiated procurement, a company cannot attribute to itself the past...

A successful protester at the Government Accountability Office (“GAO”) is entitled to a GAO recommendation that the agency conducting the...

Have you ever had a situation where a Government Agency advised you that it would reduce or pro-rate your monthly services invoice for...

What happens when a protester submits a protest to the Government Accountability Office (“GAO”), the agency responds in its agency report...

Box 12 of Standard Form 33, “Solicitation, Offer and Award” states that that the contractor agrees that if the agency accepts its offer...