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ASBCA Rejects Government’s Attempt to Dismiss Pre-Novation Claim by Successor-In-Interest

Novations are not uncommon in Government contracting. FAR Subpart 42.12 contains standard novation language, in which the Government recognizes in part: “The Transferee by this Agreement becomes entitled to all rights,...more

Board Allows Government to Add Powerful “Unclean Hands” Affirmative Defense on Eve of Hearing

Last month, the Armed Services Board of Contract Appeals allowed the Government to amend its answer to add an “unclean hands” affirmative defense, a mere two months before the scheduled hearing date....more

General Release Cuts Off Subcontractor Pass-Through Claim

Last month, the Court of Federal Claims issued a decision reaffirming the importance of considering carefully subcontract release and waiver language in Government procurement. MW Builders, Inc. v. United States involved a...more

Government Responsible for Mispresenting Estimated Quantities

Last month, we discussed Agility Defense & Government Services, Inc. v. United States, No. 13-55C, 13-97C (consolidated) (Fed. Cl.) (October 18, 1997), in which the Court of Federal Claims held that a contractor was entitled...more

Termination for Convenience: File on Time and Document Your Costs

Last month, the Armed Services Board of Contract Appeals issued two decisions involving terminations for convenience. Both decisions are instructive regarding how contractors should anticipate contractual and regulatory...more

GAO Releases Bid Protest Statistics for Fiscal Year 2017

This past Thursday, I attended an all-day Federal Government Contracts seminar at the Seattle, WA office of AGC titled,“How to Navigate the New Administration.” Among the speakers were my friends and former colleagues Jim...more

11/21/2017  /  Bid Protests , Federal Contractors , GAO

Deadline For DFARS Cybersecurity Compliance Approaching

Last week, I spoke in Portland, Oregon about cybersecurity requirements for federal contractors at an all-day seminar hosted by the Pacific Northwest Defense Coalition. Speakers from the Department of Defense, the FBI, and...more

SBA Adds Training Module to Mentor-Protégé Applications

Small and large businesses seeking to take advantage of the Small Business Administration’s (SBA) new All Small Mentor-Protégé Program will now have to jump through an extra hurdle as part of the application process. The...more

Department of Defense Issues Final Rule on Network Penetration Reporting and Contracting for Cloud Services

Last week, the Department of Defense adopted as final, with several changes, its interim rule amending the DFARS on “Network Penetration Reporting and Contracting for Cloud Services.” The changes went into effect...more

Tech Projects, LLC Denied Fee Recovery Under EAJA

The Armed Services Board of Contract Appeals recently denied a contractor’s application for attorney fees and expenses under the Equal Access to Justice Act Although denial of a petition for attorney fees under EAJA is...more

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