Government Contracting Blog

(See also the articles page of this site)

Defective Assignment of Claims on a Contract

The Assignment of Claims Act of 1940 (31 U.S.C. § 3727 & 41 U.S.C. § 6305), provides a financing mechanism somewhat similar to the...

Proving (and not proving) Your Claim with Certainty

It is well-recognized that a party (either government or contractor) that seeks recovery of its incurred costs has “the burden of proving...

Offer Submitted in Name of Product is Nonresponsive

Recently, in a small business set-aside, the Government Accountability Office (“GAO”) confirmed an agency’s finding that a protester’s...

Plain Meaning Rule

The Contract Disputes Act permits either the government (with the prior approval of the Attorney General) or the contractor to appeal the...

Adverse Inference in Size Appeals

The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) has a very clear-cut set of guidelines for deciding...