On January 30, 2013, the Government Accountability Office (“GAO”) published a bid protest decision which should serve to remind government contractors and enthusiasts of the sometimes surprising discretion left to agencies in...more
The U.S. Government Accountability Office (GAO) recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation (FAR), Subpart 9.5, during a protest to render academic a...more
It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more
In January, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”), which includes numerous new procurement policies directed at contractors and how they bid on and perform government...more
Originally published in the San Diego Business Journal on January 21-27.
It has been noted, the more things change, the more they stay the same. In the world of Government Contracts Law, however, the more things change,...more
In this issue:
- Ninth Circuit: Underbids Can Constitute False Claims
- State Courts Limit CGL Coverage for Property Damage Arising From Defective Construction
- Construction Contractor Prevails in...more
On January 14, 2013, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held that an offeror had standing to challenge the exclusion of its proposal from a competition even prior to a competitive range,...more
On December 7, 2012, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its first decision determining that government contractors need to challenge any obvious errors, improprieties, or ambiguities...more
Until recently, one of the "conventional wisdoms" about GAO bid protest practice was that agencies had almost unfettered (and unreviewable) discretion to take corrective action....more
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