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ASBCA Rejects Contractor’s $24 Million Claim for “Gratis” Performance

Posted on May 27, 2026
Article by: Matthew Saliman, Associate In a recent decision, the Armed Services Board of Contract Appeals (“ASBCA”) reinforced a fundamental principle of government contracting: contractors that perform work without a finalized contract face substantial risk that they may never be paid. In Futures, Inc., ASBCA No. 61566, the Board denied a contractor’s attempt to...
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GAO Confirms Corrective Action Doesn’t Reset Viability of Recycled Bid Protest Arguments

Posted on May 22, 2026
Article by: Nicholas Hopkins, Associate GAO recently issued a stark reminder to bid protesters that denied protest grounds cannot be re-raised after corrective action. Even where GAO orders corrective action, the protester must immediately request reconsideration if it believes GAO erred by denying or failing to address a protest ground. It cannot wait until...
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The Abu Ghraib Litigation Saga Continues

Posted on May 21, 2026
Article by: Matthew Saliman, Associate The long-running litigation arising out of alleged detainee abuse at Abu Ghraib prison has taken yet another procedural turn. Following last month’s Fourth Circuit decision largely affirming a $42 million verdict against CACI Premier Technology Inc., the contractor is now asking the court to pause further proceedings while it...
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GAO Sustains Protest Where Agency’s Rapid-Fire Amendments Left Offerors No Fair Opportunity to Compete

Article by: Rory Hatch, Associate GAO’s recent sustain, Effective Communication Strategies, LLC; Corps of Engineers, serves as a reminder that contracting officers have an affirmative obligation to give offerors a reasonable opportunity to respond to solicitation amendments, and that a flurry of same-day, weekend, and sub-hour deadlines does not satisfy that obligation. Protest Background...
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New Executive Order Encourages Expanded Use of Fixed-Price Contracts

Posted on May 11, 2026
Article by: Nicholas Perry, Associate On April 30, President Trump issued an Executive Order (EO), “Promoting Efficiency, Accountability, and Performance in Federal Contracting,” establishing a government-wide policy that fixed-price contracts, including performance-based variants, are the default and preferred method of procurement, and erecting new barriers to the use of cost-reimbursement contracts (also referred to...
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Your Next Insider Threat May Start with a Job Application

Posted on May 5, 2026
Article by: Paxton Ouellette, Associate In early 2026, the Defense Counterintelligence and Security Agency (“DCSA”) issued a stark warning: foreign intelligence entities are no longer relying primarily on cyber intrusions to access sensitive U.S. technology. Instead, they are increasingly targeting the cleared industrial base through ordinary business processes – especially hiring, recruiting, and professional...
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