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Government Contracting Blog

(See also the articles page of this site)

Incomplete Proposal Is Not a Matter of Responsibility

The Government Accountability Office (“GAO”) recently considered a protest by a small business that its failure to submit required...

Inconsistent With Customary Commercial Practices

Both the U.S. Code and the Federal Acquisition Regulation (“FAR”) state a preference for commercial products and commercial services. The...

Can A "Sum Certain" Be Found in the Claim?

Most of this blog’s readers know that in order to qualify under the Contract Disputes Act as a claim, the claim must: 1. Be a written...

Email Accord and Satisfaction for Modification

Can an exchange of electronic documents (such as emails) between a contracting officer (“CO”) and a Contractor’s Contracts Manager create...

Nexus and the Contract Disputes Act

Does a board of contract appeals or the Court of Federal Claims have jurisdiction over a breach of a government contract government if...

115 Percent Price Premium Not Worth It

When you read about best value (tradeoff) decisions in Government Accountability Office (“GAO”) bid protests, you may wonder why so many...

Failure to Novate

The Assignment of Claims Act, 31 USC § 3727 and the Assignment of Contracts Act, 41 USC §6305 broadly prohibit transfers of contracts...

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