Gov't Contracts Ruling Validates New Claim Theory

Law360 (July 20, 2020, 4:50 PM EDT) -- It's not often that a new contract claim theory is established, but that is what has occurred in a series of recent decisions issued by the Armed Services Board of Contract Appeals, or ASBCA. In Appeal of Chugach Federal Solutions Inc., the ASBCA has confirmed the viability of a novel negligent negotiations claim under the Contract Disputes Act, or CDA. 

According to the ASBCA, a contractor may assert a valid claim against the government if it violates the rules that govern discussions with offerors in a negotiated procurement under Part 15 of the Federal Acquisition Regulation.

Many contractors are aware that...

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