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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.
Contractor Claimed Delayed Performance Was Excused By COVID. ASBCA Didn’t Buy It.
Contractor Claimed Delayed Performance Was Excused By COVID. CBCA Didn’t Buy It Either.
Agency Could Only Consider Past Contracts From the Last Five Years. Could It Consider a Contract Mostly Performed Before the Five-Year Window?
GAO Dismisses After Protester Entangles Itself in Procedural Knots
Government Terminated for Default. Why Did ASBCA Find the Termination Was a Breach?
Contractor Claimed Agency Suspended Performance for an Unreasonable Period. ASBCA Didn’t Agree.
Protester Said Transition Period Required Fewer Labor Hours. Why Did GAO Think the Protester Had it Backwards?
Opaque Factual Record Saves Contractor’s Differing Site Condition Claim from Summary Judgment
Should the Agency Have Considered the Awardee’s Past Bankruptcy When Making the Responsibility Determination?
Contractor Claimed Agency Could Not Make a Deductive Change for Work That Wasn’t Included in the Proposal. Why Did ASBCA Side with the Agency?
GAO Decision Illustrates Why You Should Engage Counsel Before, Not During, the Protest
Does the Randolph-Sheppard Act Apply to All Blind Vendors or Just to State Agencies that License Blind Vendors?
Agency Deobligated Portion of Task Order. How Did this Impact the IDIQ’s Guaranteed Minimum?
Did an Exculpatory Clause Absolve the Government’s Breach?
You May Have Prevailed, But Don’t Expect Fees for “Unquantified Effort on Submissions with Vitriolic Commentary Not Useful to the Resolution”
Contractor’s Equipment Was Hijacked in Afghanistan. Was the Government Liable?
Protester Based Its Staffing Levels on Prior Contracts. Why Did this Result in a Weakness?
Complaint Asserted Facts Not Contained in the Claim. But Those Facts Were Stated in the Claim’s Cover Letter. Was that Enough for ASBCA Jurisdiction?
Agency Said the Parties Were Still Negotiating So It Hadn’t Issued a Final Decision. Why Did the Board Find Negotiations Were at an Impasse?
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