It is not possible to delineate all situations where a contractor is entitled to an equitable adjustment in price and/or time to perform...

Two recent Government Accountability Office (“GAO”) protests give a very clear picture that offerors must ensure that their proposals...

In negotiated procurements, at the conclusion of discussions (negotiations), every offeror in the competitive range must be given an...

A previous blog, “The Government Controls the Options,” makes clear that contractors cannot demand that the Government exercise an option...

Virtually all government contract options (for more quantities of goods, or for an extension of services), are generally priced...

This blog discusses two contractors who sought to appeal a contracting officer’s final decision on their claims, which final decisions...

This blog recently discussed a Federal Circuit decision which held that a contractor’s claim does not accrue until the exact amount (“sum...

In a recent blog post, “Pricing Commercial Trash Pickup: By The Ton Or By The Run?”, this blog discussed a protest where the Army sought...

In mid-June, the U.S. Supreme Court adopted the “implied false certification” theory of liability, which treats a contractor’s invoice or...

In a recent decision by the Court of Federal Claims, the Court refused to dismiss a case over a terminated U.S. Postal Service (“USPS”)...

The Federal Circuit recently clarified that a contractor’s claim does not accrue until the exact amount (“sum certain”) of the claim is...

For as long as this writer can remember, the Government Accountability Office (“GAO”) has hewed to a hard and fast rule about amendments...

A recent blog identified “Six Recurring Agency Mistakes in Discussions.” One of the frequently repeated mistakes (conducting unequal...

The Government Accountability Office (GAO) has considered numerous protests alleging that an offeror’s bid was “unbalanced.” Only a...

Two recent cases at the Small Business Administration Office of Hearings and Appeals (“OHA”) address affiliation of companies based on...

Most small (and even some large) businesses don’t realize that it is to appeal a denied claim to either the Armed Services Board of...

The Acting Secretary of the Army recently issued Army Directive 2016-16, “Changing Management Behavior: Every Dollar Counts,” April 15,...

A recent Armed Services Board decision demonstrates how important it is for the Government to respond to contractor-raised issues in a...

One important aspect of the government’s right to default terminate a contract is if the contractor refuses to perform, or unequivocally...

The Government wants have its cake and eat it too—by conducting competitions under the General Services Administration (“GSA”) Multiple...