One of the recurring themes in bid protests that are sustained by the Government Accountability Office (“GAO”) is the need for agencies...

In a long and detailed opinion, the Office of Hearings and Appeals (“OHA”) of the Small Business Administration (“SBA”) discusses many of...

Even where correction of a bid that results in displacement of a lower bid , it will be permitted where the existence of the mistake and...

A government termination for default is a drastic sanction which requires that the government produce solid evidence proving that the...

A recent Government Accountability Office (“GAO”) bid protest demonstrates how easy it is for an offeror to make a material...

In a recent blog on this site, “Defective Claim Certification or No Claim Certification,” this blog explained that a contractor’s failure...

This blog has frequently noted the crucial importance for offerors to comply with instructions in a solicitation. This is particularly...

A bidder’s failure to acknowledge a material amendment to an Invitation for Bids (“IFB”) normally requires the agency to reject the bid...

The Boards of Contract Appeals and the Court of Federal Claims have jurisdiction to consider an appeal only if a valid claim was made. ...

Agencies should be careful about disqualifying proposals, particularly if they contain only “informational deficiencies.” Do you think...

Under the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if...

In a recent Civilian Board of Contract Appeals case, Development Alternatives, Inc. v. Agency for Int’l Dev., CBCA 5942 et. al, September...

Is a rubber stamped signature of the President of a company on a release of claims valid? The Civilian Board of Contract Appeals, under...

In 1994, the Congress passed the Federal Acquisition Streamlining Act (“FASA”), Pub. L. No. 103-355, and included, codified as amended at...

The Government Accountability Office (“GAO”) has bid protest jurisdiction of violations of procurement laws and regulations, and does not...

Two recent cases at the Armed Services Board of Contract Appeals (“Board”) demonstrate the importance and reach of the covenant (implied...

For nearly a century the Government Accountability Office (“GAO”) and its predecessor, the General Accounting Office, have provided an...

Proper certification of a claim is essential. The Armed Services Board of Contract Appeals recently considered a contractor’s claim for...

You may think that allowing offerors only 44 minutes to respond to a solicitation for quotations is too short a time, but the Government...