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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.
Partner in a Mentor-Protege JV Was Acquired After JV Submitted Proposal. Did the Acquisition Invalidate JV’s Mentor-Protege Agreement?
Contractor Argued Agency Gave It Additional Time So Government Had Forfeited Right to Enforce Completion Date. Did the Federal Circuit Buy that Argument?
How the Continuing Claim Doctrine Can Salvage an Apparently Untimely Claim
Contractor Helped Agency Develop New System. Was the Contractor Barred by OCI’s From Implementing the New System?
Claimant Rejected Government Settlement Offer that Would’ve Saved Litigation Expenses. Did the Rejection Affect Claimant’s Request for Fees Under the EAJA?
Agency Didn’t Document Decision to Cancel Solicitation. Why Wasn’t this a Problem for GAO?
Contractor Submitted Two Claims Arising out of Same Contract. Both Claims Alleged Inaccurate Price Estimates. Why Did the Court Find that the Claims Were Distinct?
Was the Contractor’s Almost Unbelievable Run of Misfortune—Abandonment by Counsel, Incarceration, Illness with COVID-19—an Excuse for Its Failure to Prosecute an Appeal?
Claim Preclusion in Claims Litigation: If You Have Multiple Claims Against the Government, You Best Submit them All at Once
Agency Terminated for Convenience But then Claimed Performance Was Deficient. Was the Contractor Still Entitled to Termination Costs?
ASBCA Reminds Everyone (and Apparently a Reminder Is Necessary) that Notice Pleading Doesn’t Require Exactitude
Are You a Small Business Concerned About Affiliation? You Better Check Your Relationships for Negative Control
ASBCA Scrutinizes the Gossamer-Thin Line Between”Threadbare Recitals” in a Complaint and a “Short Concrete Statement of Events”
ASBCA Decides the Jarndyce v. Jarndyce of Cost Accounting Cases. Did the Contractor Have to Pay?
Agency Didn’t Understand the Concept of a “Competitive Range,” But Nonetheless Contended that It Somehow Created a De Facto Competitive Range of One. Did GAO Buy this Argument?
So You Had Email Problems While Submitting Your Proposal. Tough. The “Late is Late” Rule is a Cruel, Indifferent Mistress.
What You Need to Allege in Claim to Survive a Motion to Dismiss
So You Want to Hire a Former Agency Employee and Propose them as a Key Person. How Can You Do this Without Getting an Unfair Competitive Advantage?
How Did a Contract for Elevator Repair End Up with an NAICS Code for Industrial Blade Sharpening?
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