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

Even though the Federal National Mortgage Association (FNMA or “Fannie Mae”) and the Federal Home Loan Mortgage Corporation (FHLMC or...

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? The Federal Acquisition Regulation (“FAR”) requires that in a small...

It is an important rule of interpretation for both solicitations and contracts that the reader must examine the plain language of the...

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

The general rule in government procurement is that when a contractor submits an offer, it must be on time as stated in the solicitation. ...

Two new Department of Justice (“DOJ”) Memoranda could have a potential impact on Civil False Act Claims cases, as well as other civil...

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...

The General Services Administration (“GSA”) issued a new rule that makes it considerably easier for GSA Schedule contractors to supply...

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....

In a recent bid protest case, the Court of Federal Claims included two important conclusions: (1) in determining whether a deficiency or...

The U.S. Forest Service manages our national forests, which includes organizing and administering timber sales. These sales result in...

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

The RAND Corporation, at the request of the Congress in the 2017 National Defense Authorization Act (“NDAA”) recently completed a study...

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

A recent Government Accountability Office (“GAO”) bid protest decision held that the source selection authority did not meaningfully...

A recent Armed Services Board of Contract Appeals (“ASBCA”) case confirms the fact that a contractor may not assign claims to a surety...