Bid protests afford disappointed offerors the opportunity to challenge flawed procurements and award decisions that violate the rules. Bid protest procedures, at least in theory, are intended to further this purpose....more
As restated in a recent GAO decision: “The evaluation of past performance is a matter of agency discretion, and we will review the evaluation only to ensure that it was reasonable and consistent with the solicitation’s stated...more
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
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
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