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

Neither a termination for default, nor a termination for cause must be presented to the contracting officer (“CO”) prior to appealing to...

A protester filed a bid protest on a Defense Department procurement at the Government Accountability Office (“GAO”) six days after...

Suppose a size determination ultimately finds a contractor is “not small” but the award has already been made? (This is a distinct...

Readers of this blog understand that there can be a difference between a Request for Equitable Adjustment (“REA”) and a claim under the...

Federal Acquisition Regulation (“FAR”) 15.306 states that negotiations with offerors in the competitive range are designed to “maximize...

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

The Federal Circuit recently considered the Federal Acquisition Regulation (“FAR”) language which requires a Contracting Officer to...

The Defense Federal Acquisition Regulation Supplement (“DFARS”) requires the inclusion of a clause in any contract in which noncommercial...

The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a significant opinion that makes it very clear to agencies that the...

Reversing a Court of Federal Claims ruling, the Court of Appeals for the Federal Circuit (“CAFC”) recently held that a bidder that had...

It is rare when the Government Accountability Office (“GAO”) says that agency actions in its source selection for two different...

A claim for money requires “a written demand or written assertion … seeking, as a matter of right, the payment of money in a sum...

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2020 on December 23,...

This blog has frequently discussed poorly or inadequately written proposals which have caused agencies to deem them inadequate and not...

In two recent decisions, the Government Accountability Office (“GAO”) and the U.S. Court of Appeals for the Federal Circuit (“CAFC”) have...

On October 27, 2020, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) released its report on transactions and...

Formal agency protests must be submitted in accordance with Federal Acquisition Regulation (“FAR”) 33.103, which sets out specific rules,...

A recent decision of the Armed Services Board of Contract Appeals (“Board”) held that as long as a mark (such as a typed signature)...

“Constructive” is defined as “legally imputed; existing by virtue of legal fiction though not existing in fact.” Blacks Law Dict. (Tenth...