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

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

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

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

The Court of Federal Claims recently considered whether and under what circumstances, the government may cancel a Federal Acquisition...

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

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

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

An interesting case concerning waivers was recently decided by the Court of Federal Claims. Cornelio Salazar d/b/a USA Ranch v. United...

A recent Civilian Board of Contract Appeals decision reminds us all of the jurisdictional nature of filing an appeal with the Board...

Incorporation by Reference “provides a method for integrating material from various documents into a host document…by citing such...

May an agency Source Selection Official rely on his/her personal knowledge in making a source selection? The answer is provided in...

There are only very narrow circumstances under which the prices in a fixed-price contract can be reformed. Unfortunately, in the case of...

Government contracts professionals know that the decisions on bid protests issued by the Government Accountability Office (“GAO”) are...

The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) reiterated in a recent protest that in a long term...

Both the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”) have clear rules that...

In a recent technical evaluation in a procurement by the Department of Homeland Security for cybersecurity services, instead of assigning...

Should you read the Governmentwide point of entry (“GPE”) every day? Of course, if you have an offer pending. The GPE is considered...

In a recent decision, Judge Solomson of the Court of Federal Claims declined to follow the Government Accountability Office (“GAO”) rule...

In an interesting case, the Armed Services Board of Contract Appeals (“ASBCA”) was asked to rule on a government claim seeking to deny...