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Government Contracting Blog

(See also the articles page of this site)

Suspension of Work and Protest After Award Clauses

The Armed Services Board of Contract Appeals recently addressed a claim caused by a suspension of work in a construction contract where a...

Sum Certain Needed for a Government Claim

In the Federal Acquisition Regulation a “claim” is defined as a “written demand or written assertion by one of the contracting parties...

Not a "New Claim"

A contractor’s resubmission of a previous claim for payment was not a “new claim,” as explained below, and was merely a repeat, which was...

Poor Drafting of a Contract by the Government

The Government is responsible for drafting clear, unambiguous specifications that can be followed by the contractor that is awarded a...

Burden of Proof Changes

When a contractor seeks an equitable adjustment for increased cost or time, the contractor bears the burden of proof. It is a...

Discussions Were Not Meaningful

Whenever an agency conducts discussions with offerors using negotiated procedures under Federal Acquisition Regulation (“FAR”) Part 15,...

Same Operative Facts in Claims

BB Government Services Srl received a contract from the Air Force to construct an addition to Building 9109 at Aviano Air Base in Italy. ...

Waiver of Government Right to Terminate for Default

In a very interesting appeal of an Termination for Default (“T/D”) of a janitorial services contract, the Civilian Board held that the...

Broad Nature of Release Reservation Language

Readers of this blog are aware that signing a final or general release, without any reservation language, prevents the contractor from...

No COVID-19 Adjustment in Fixed-Price Contract

The Boards and Court of Federal Claims have been consistent in denying price adjustments in fixed price contracts. This was the...

GAO Bid Protest Activity in FY 2022

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2022 on November 2,...

Defective Cure Notice-Acceptable Performance

The Civilian Board of Contract Appeals recently ruled that the Department of Veterans Affairs (“VA”) had improperly terminated two...

Independent Judgment of Source Selection Authority

Federal Acquisition Regulation (“FAR”) 15.308 states that [t]he source selection authority (SSA) decision shall be based on a comparative...

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