A government waiver of a delivery date is an important potential defense against a termination for default. This is especially the...

When the government defaults a contract and seeks excess costs of reprocurement, this is a government claim against the contractor, and...

A recent decision confirms that in a source selection, the Government Accountability Office (“GAO”) saw nothing unreasonable in giving...

In a recent decision, the Government Accountability Office (“GAO”) reiterated the ground rules for the filing of an informal agency level...

In a recent protest, the Government Accountability Office (“GAO”) held that although performance risk was not specifically listed as an...

What happens if you submit a claim to a contracting officer (“CO”) but instead of including a “sum certain” as required by the Contract...

Reversing many years of precedent, on August 22, 2023, the Federal Circuit held the “sum certain” requirement for monetary claims is...

In another non-exercise of options by the government case, the Civilian Board held that there was no bad faith and no violation of the...

The Federal Circuit has clarified the government’s burden when it terminates a contract for default. In a decision vacating and...

In a recent “by-the-book” termination for convenience, the Armed Services Board concluded that even though there was a valid termination...

The Court of Federal Claims recently ruled that a breach of contract (i.e. a breach of the covenant of good faith and fair dealing, or...

Does a non-profit organization qualify as a “federal agency” for purposes of Government Accountabiliity Office (“GAO”) protest...

The Armed Services Board of Contract Appeals recently addressed a claim caused by a suspension of work in a construction contract where a...

In the Federal Acquisition Regulation a “claim” is defined as a “written demand or written assertion by one of the contracting parties...

A contractor’s resubmission of a previous claim for payment was not a “new claim,” as explained below, and was merely a repeat, which was...

The Government is responsible for drafting clear, unambiguous specifications that can be followed by the contractor that is awarded a...

When a contractor seeks an equitable adjustment for increased cost or time, the contractor bears the burden of proof. It is a...

Whenever an agency conducts discussions with offerors using negotiated procedures under Federal Acquisition Regulation (“FAR”) Part 15,...

The Federal Acquisition Regulation (“FAR”) requires a special consideration of labor rates proposed by offerors for their professional...

BB Government Services Srl received a contract from the Air Force to construct an addition to Building 9109 at Aviano Air Base in Italy. ...