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Understanding Government Contract Terminations

3 Things Contractors Should Do Now to Ensure “Buy American” Compliance

Solicitation Warned that Incorrect Attachments Would Render Proposal Technically Unacceptable; GAO B-413156.21, The Arbinger Company—Advisory Opinion

Agency Unreasonably Rejected Compliant Proposal for Misnumbered Paragraphs; GAO B-413156.22, The McKinley Group LLC—Advisory Opinion

Agency Correctly Prohibited Protester from Submitting Additional Proposal Information During Clarifications; GAO B-413156.23, Planning & Learning Technologies Inc.—Advisory Opinion

Buy American Executive Order Means Renewed Obligations for Government Contractors

Contractors Should Start Preparing for a Possible Shutdown Now

Claim Cannot Include Proposed Costs for Completing Contract Performance; ASBCA No. 59655, Appeal of Islands Mechanical Contractor Inc.

Plaintiff Does Not Have to Allege Breach of Specific Contract Obligation to Argue Breach of Implied Duty of Good Faith and Fair Dealing; COFC No. 16-268C, Canpro Investments Ltd. v. United States

Agency Did Not Meaningfully Consider All Potential OCIs Arising from Award of Two Related Task Orders to One Contractor; GAO B-412187.2, Department of Veterans Affairs—Reconsideration

COFC Awards Enhanced Attorney Fees in Protest Following “Egregious” Agency Conduct

Petition for Writ of Certiorari to the U.S. Supreme Court Challenging the Constitutionality of the 8(a) Program Filed by Rothe Development, Inc.

Elimination of Protester’s Proposal Unrelated to Issues in Agency’s Evaluation of Awardee’s Proposal; GAO B-412468.9, DataSource Inc.

Executive Compensation through Total Shareholder Return Found Unallowable; ASBCA No. 58966, Appeal of Exelis Inc.

Protesters Fail to Demonstrate Agency Corrective Action is Unreasonable; COFC Nos. 16-1602C & 17-88C; Jacobs Technology Inc. v. United States; TRAX International Corporation v. United States

Q1 Compliance Developments Include Freeze on Regulations, Congressional Repeal Activity

New E.O. Reinforces Administration’s “Buy American” Agenda

Court Finds Government Made Counteroffer Not Change to Solicitation; COFC No. 15-666C, Government Services Corp. v. The United States

Government’s Large Volume of Exchanges Did Not Constitute Discussions; COFC No. 16-1559C; Rivada Mercury LLC v. United States of America and AT&T Corp.

Government-caused Delivery Delays May Have Breached Implied Duty of Good Faith and Fair Dealing; CAFC No. 2016-1265, Agility Public Warehousing Co. KSCP v. James N. Mattis, Secretary of Defense