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Order Of Precedence Clause Gets Boost

Client Alert | less than 1 min read | 06.06.06

In Medlin Constr. Group, Ltd. v. Harvey (June 1, 2006), the Federal Circuit sided with the contractor, finding that only the contractor's interpretation did not read relevant provisions out of the contract.  Of primary interest, though, was the alternative holding, in which the court held that, even if there had been an ambiguity, it would have been resolved against the government under the order of precedence clause, giving that clause seemingly greater weight than the court has previously in many "patent ambiguity" cases decided against the contractor.

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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....