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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 | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...