Where should contractors litigate matters involving the Service Contract Act, 41 U.S.C. Chapter 67 and the Davis-Bacon Act, 40 U.S.C....

A recent Armed Services Board Case gave some insight on the 6-year statute of limitations for filing claims under the Contract Disputes...

An offer on a government contract is normally subject to a specified offer (bid or proposal) acceptance period. Standard Form (“SF”)...

A recent decision by the Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) sustained the SBA’s termination...

Federal Acquisition Regulation (“FAR”) 15.307 states that “[a]t the conclusion of discussions, each offeror still in the competitive...

What is a fair market price, or a fair and reasonable price? Don't believe that there is some kind of formula for determining it, because...

An Air Force contracting officer (“CO”) receives an email referencing Contract No. H92237-13-C-5002 (the “Contract”) for general labor...

The General Services Administration (“GSA”) announced on April 26, 2018 that it will require that multiple award schedule contractors...

Once again, a contractor was barred from raising future claims on a contract where the same contractor had executed a final release that...

This blog recently discussed the limits of the use of the Changes Clause in a contract, noting that the clauses at Federal Acquisition...

Waiver: The voluntary relinquishment or abandonment – express or implied—of a legal right or advantage. Black’s Law Dict. (10th Ed....

Agencies continue to make errors in the way they handle discussions with offerors in the competitive range. Recently, in Language Select...

Offerors must take advantage of every opportunity they are given to maximize their chance for award in negotiated procurements. ...

Past performance is a significant aspect of source selection in negotiated procurement. When faced with an adverse performance review...

This blog has frequently frowned on any government contractor taking oral advice from any government official, even a contracting officer....

The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) recently considered whether a business was a...

A Defense Logistics Agency (“DLA”) contracting officer (“CO”) terminated a contract to provide jet fuel to Bagram airfield in...

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

This blog has previously noted the importance of confirming that any proposal submitted by email has been received either through a...

The Contract Disputes Act of 1978 (“CDA”) contains a few simple requirements for claims over $100,000, including certification. Yet to...