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ASBCA Declares Material Breach, Allows Contractor To Stop Work

Client Alert | less than 1 min read | 09.07.04

In a declaratory action in SUFI Network Servs., Inc. (Aug. 18, 2004), the Armed Services Board of Contract Appeals agreed with the contractor supplying telephone services to Air Force lodgings in Germany that the Air Force had improperly directed it to allow lodging guests to use their calling cards from the contractor's phones and thereby avoid paying long-distance charges to the contractor. Because this resulted in a significant diminution of the contractor's revenues, the board also found the AF direction to be a material breach which allows the contractor to stop work and collect lost profit damages.

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Client Alert | 2 min read | 12.19.25

GAO Cautions Agencies—Over-Redact at Your Own Peril

Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little pushback from GAO. This practice has underscored the notable difference in the scope of bid protest records before GAO versus the Court of Federal Claims. However, in Tiger Natural Gas, Inc., B-423744, Dec. 10, 2025, 2025 CPD ¶ __, GAO made clear that there are limits to the scope of redactions, and GAO will sustain a protest where there is insufficient evidence that the agency’s actions were reasonable....