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Government Contracting Blog

(See also the articles page of this site)

A Trio of Short Cases with a Message

DON’T RELY ON COMPUTER-GENERATED DELIVERY CONFIRMATIONS OF YOUR PROPOSAL This blog has discussed computer-generated confirmations of...

Whereas Clauses are Not Contractual

A recent dispute involving three separate claims resulted in the Court of Federal Claims noting that “[w]hereas clauses are not...

Absence of an Adequate Record: GAO

Meaningful resolution of any bid protest, whether at the Court of Federal Claims or the Government Accountability Office (“GAO”), is...

Adverse Inference

The fifth amendment to the U.S. Constitution states that “[no person] shall be compelled in any criminal case to be a witness against...

A Vague Email is Not a Protest

In a recent size appeal filed at the Small Business Administration Office of Hearings and Appeals (“OHA”), the Office made it clear that...

Thirteen Potential Government Claims

Just as a contractor may submit a claim arising from a government contract, so too may the government file a claim against a contractor...

COVID and Sovereign Acts Doctrine

Under the right set of circumstances, the government will not be liable for obstructions to the performance of contracts resulting from...

Government Breach of Payment Clause

In an interesting case whose outcome is not yet finally determined, the Federal Circuit held that the Army materially breached a payment...

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