HDR farblog

Yes, the Federal Government does have implied duty of good faith and fair dealing

In a recent decision, the U.S. Circuit Court of Appeals for the Federal Circuit has affirmed that the Federal Government does have an implied duty of good faith and fair dealing in conducting its business.

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Basis for protesting bid may be that RFQ unduly restricts competition

The Government Accountability Office (GAO) recently ruled in favor of a bid protester on the issue of whether a request for quotations (RFQ) unduly restricted competition. The decision provides insight into how to increase the chances of a successful bid protest concerning this issue.

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Promises to comply with RFP don’t win a contract

A recent bid protest provides an object lesson in how to prepare a successful bid—or otherwise effectively negotiate with the government in discussions over a proposal.

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Flurry of new procurement rules issued before end of federal fiscal year

On September 30, 2016, the Federal Acquisition Regulatory Council issued ten amendments to the Federal Acquisition Regulation (FAR). Nine were final rules, and one was an interim rule. Many of the final rules are the final version of interim rules.

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Mistakes are now more expensive

For many government contractors, their biggest fear may be being debarred from seeking government contracts. One common cause of debarment is a contractor’s failure to abide by the myriads of government rules and regulations involved in government contracting. But the government realizes that every contractor may make an occasional mistake or employ a bad-apple employee. So rather than always resorting to debarment, seeking reimbursement, or criminal prosecution, the government may assess a civil penalty.

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