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Implied Terms in Government Contracts Analyzed

Client Alert | less than 1 min read | 07.17.15

The recent edition of the Public Contract Law Journal (Winter 2015) features an article by C&M's Stanfield Johnson entitled, "Hercules, Winstar, and the Supreme Court's Conspicuous and Potentially Consequential Error." The June 2015 issue of the Nash & Cibinic Report (at 34) provides a brief review and recommends that "all lawyers in the field of Government procurement should read" this article on "the role of implied terms" in government contracts.


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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....