The Competition in Contracting Act provides that the Government Accountability Office (“GAO”) may recommend that an agency pay legal fees...

Under the Contract Disputes Act of 1978, a contractor may appeal to a Board of Contract Appeals an adverse contracting officer’s (“CO”)...

When a contractor has a claim against the government, that contractor must prove three things: (1) liability-the government did something...

Black’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of...

A recent case at the Armed Services Board of Contract Appeals (“ASBCA”) demonstrates once again that where a joint venture (“JV”) is a...

Duncan Aviation sought $1.6 million for “over and above” costs incurred in connection with a Navy contract to overhaul landing gear...

Government contracts, although unique because of their special rules, are still subject to many of the same principles that are part of...

Discussions in negotiated procurements are a fertile area for agency mistakes. There are two fundamental reasons for conducting...

A recent Government Accountability Office (“GAO”) protest indicates that if a contract is to be performed in part in the United States...

The Javits-Wagner-O’Day Act (“JWOD”) , 41 U.S.C. § 8501-606, as implemented in the Federal Acquisition Regulation (“FAR”) at Subpart 8.7,...

In two recent bid protest cases, the Government has sought to have its cake and eat it too—by conducting competitions under the General...

An Agency's use of a Request for Quotation (“RFQ”) for a procurement may result in a losing situation for a government contractor. That...

In a post-award bid protest of a sealed bid FAR Part 14 Federal Highway Administration ("FHA") award for road construction in the Virgin...

Many government contracts for services include extensions beyond the initial contract period. Such priced options (extensions) may be...

Although this blog deals with government contracting mistakes, the author couldn’t resist writing about a classic mistake, where a huge...

In negotiated procurements, there are two types of exchanges between the government and offerors: 1) Clarifications are limited exchanges...

Environmental Safety Consultants, Inc. (“ESCI”) had a contract with the Navy to perform services. ESCI submitted to the payment office a...

Do you know what a government contract volunteer is? A volunteer is someone who embarks on duties of their own free will and without any...