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🔒 Members Only · Protests & Claims BriefYou’ve reached the member portion of this brief.Members read the full analysis and the source documents in every Brief, six days a week.
What Say You Federal Circuit? Does “Definitization” of a Contract Constitute a Government Claim?
If At First You Don’t Succeed: Contractor Successfully Challenges Disallowed IR&D and Compensation Costs
CBCA Reminds GSA the Sum Certain Requirement Applies to Agencies Too
When Does an Agency Waive the Right to Terminate for Default?
Claims Case Study No. 1: Agency Said Claim on Appeal Differed from Claim Submitted to CO. Why Did ASBCA Let the Appeal Proceed?
Claims Case Study No. 2: Agency Said Claim on Appeal Differed from Claim Submitted to CO. Why did ASBCA Dismiss the Appeal?
Either the Contractor Deviously Underbid So It Could Spring a Claim on the Agency or the Contract Was Poorly Drafted. What Did ASBCA Decide?
I Didn’t Appeal My Denied Claim in Time. Can I Resubmit the Claim and File a Timely Appeal from a New Denial?
Protest Implicated 70 Years of Treaties Between the U.S. and Denmark. Did these Treaties Transform the Protest into a Non-Justiciable Political Question?
Government Had to Reimburse Contractor for Taxes But Not Penalties. How Do You Tell the Difference Between a Tax and a Penalty?
Contractor Said Agency Breached by Accelerating Pace and Sequence of Delivery Orders. Why Didn’t ASBCA Bite?
Why Did the ASBCA Adopt a Split-the-Baby Approach in Awarding Fees under the EAJA?
How Did the Decision to Forgo an Audit Inhibit the Government’s Ability to Disallow Costs?
If the Government Has Ordered the Minimum Under Your IDIQ Contract, You’ll Have a Hard Time Maintaining a Claim
I’ve Got a Fixed Price Contract, But My Costs Exploded. Will ASBCA Do Me a Solid?
Contractor Said It Hadn’t Been Paid for Rail Work. Had that Train Left the Station?
Government Argued ASBCA Should Apply Heightened Patent Law Standard of Review to Decide Rights in Software. Why Did the Board Refuse?
Contractor Lost Government Cargo in Afghanistan But Blamed Subsequent Default Termination on Government’s Bad Faith. Did the Court Buy the Contractor’s Theory?
AbilityOne Program Sets Prices Government Must Pay for Items. What Happens If the Government Doesn’t Like the Set Price?
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