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"Certain" Means No Weasel Words

Client Alert | less than 1 min read | 09.30.05

The Contract Disputes Act requires a contractor to specify a "sum certain" that it claims. The contractor in Sandoval Plumbing Repair, Inc. (ASBCA Sept. 14, 2005), specified a dollar amount but learned that by adding words such as "no less than" or "in excess of" before a specified amount makes the claim "uncertain" and requires dismissal.

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Client Alert | 4 min read | 08.25.26

Recent Court Decision Highlights Effectiveness of “Second Bite” Protests

A recent U.S. Court of Federal Claims (COFC) decision serves as an important reminder that when the Government Accountability Office (GAO) denies a protest, this is not necessarily the end of the road. Often, contractors retain the right to file a new protest at the COFC, which conducts its own de novo review of the procurement record. This so-called “second bite at the apple” protest is a powerful tool as the COFC’s recent decision in Chugach Logistics & Facility Services JV, LLC v. USA makes clear....