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Government Contracting Blog

(See also the articles page of this site)

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...

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...

Armed Services Board Report for End-Fiscal Year 2022

On November 1, 2022, the Armed Services Board of Contract Appeals (“Board”) reported on its transactions and proceedings for FY 2022. ...

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...

When Does the Government Breach the Implied Covenant

The Implied Covenant of Good Faith and Fair Dealing says that “every contract imposes upon each party a duty of good faith and fair...

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...

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