What Say You Federal Circuit? Does “Definitization” of a Contract Constitute a Government Claim?April 27, 2023
If At First You Don’t Succeed: Contractor Successfully Challenges Disallowed IR&D and Compensation CostsApril 27, 2023
Claims Case Study No. 1: Agency Said Claim on Appeal Differed from Claim Submitted to CO. Why Did ASBCA Let the Appeal Proceed?April 18, 2023
Claims Case Study No. 2: Agency Said Claim on Appeal Differed from Claim Submitted to CO. Why did ASBCA Dismiss the Appeal?April 18, 2023
Either the Contractor Deviously Underbid So It Could Spring a Claim on the Agency or the Contract Was Poorly Drafted. What Did ASBCA Decide?April 17, 2023
I Didn’t Appeal My Denied Claim in Time. Can I Resubmit the Claim and File a Timely Appeal from a New Denial?April 17, 2023
Protest Implicated 70 Years of Treaties Between the U.S. and Denmark. Did these Treaties Transform the Protest into a Non-Justiciable Political Question?April 13, 2023
Government Had to Reimburse Contractor for Taxes But Not Penalties. How Do You Tell the Difference Between a Tax and a Penalty?April 7, 2023
Contractor Said Agency Breached by Accelerating Pace and Sequence of Delivery Orders. Why Didn’t ASBCA Bite?April 5, 2023
How Did the Decision to Forgo an Audit Inhibit the Government’s Ability to Disallow Costs?April 4, 2023
If the Government Has Ordered the Minimum Under Your IDIQ Contract, You’ll Have a Hard Time Maintaining a ClaimApril 3, 2023
Government Argued ASBCA Should Apply Heightened Patent Law Standard of Review to Decide Rights in Software. Why Did the Board Refuse?March 29, 2023
Contractor Lost Government Cargo in Afghanistan But Blamed Subsequent Default Termination on Government’s Bad Faith. Did the Court Buy the Contractor’s Theory?March 28, 2023
AbilityOne Program Sets Prices Government Must Pay for Items. What Happens If the Government Doesn’t Like the Set Price?March 24, 2023