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Government Contracting Blog

(See also the articles page of this site)

The Sovereign Acts Doctrine

Because COVID-19 cases are raging in the United States, there may be more claims and Requests for Equitable Adjustment (“REAs”) relating...

Late Revocation of Acceptance

A recent Board case demonstrates that the government may revoke acceptance of a product, but that revocation must be made within a...

Can You Bid Zero ($0) on a Fixed Priced Contract?

The answer to the question in the title is “yes,” when bidding on a single Contract Line Item Number (“CLIN”) or the entire contract,...

Mirror Image Doctrine

What happens when a response to an offer does not match the terms offered? In common law this mismatch between offer and acceptances...

Unequal Exchanges in Task Order Competition

A significant number of competitions are held pursuant to task orders either issued under the Federal Supply Schedules (See Federal...

Ratification of an Unauthorized Commitment

Although the Government Contracting Officer contended that FireEye/Force 3 support services provided to the Dept. of Health and Human...

Defective Assignment of Claims on a Contract

The Assignment of Claims Act of 1940 (31 U.S.C. § 3727 & 41 U.S.C. § 6305), provides a financing mechanism somewhat similar to the...

Proving (and not proving) Your Claim with Certainty

It is well-recognized that a party (either government or contractor) that seeks recovery of its incurred costs has “the burden of proving...

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