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Government Contracting Blog

(See also the articles page of this site)

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...

No Duress in Signing a Waiver

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

Untimely Receipt of an Appeal-Fedex Delivery

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

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

Ignoring A Board Order: Failure to Prosecute

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

Confidence Decreasers

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

Constructive Notice of Award

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

Are Unpaid Promissory Notes "Incurred Costs?"

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

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