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Nyet: Board Finds Insufficient Evidence to Grant Summary Judgment on SOL Grounds

Client Alert | less than 1 min read | 07.06.16

In Kellogg Brown & Root Servs., Inc. (June 16, 2016), the ASBCA denied KBR’s motion for summary judgment regarding two government demands for repayment of alleged overcharges that KBR argued were barred by the CDA’s six-year statute of limitations. Citing Sikorsky, the board held that, even though KBR had presented numerous documents to show that the government was made aware of its challenged practices more than six years before the final decisions, the documents themselves (without more) failed to establish undisputed material facts sufficient to meet the post-Sikorsky burden of proof in light of the government’s opposing evidence.

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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....