DOD's Secret Contracts During Shutdown Undermine CICA

Law360, New York (October 9, 2013, 6:23 PM EDT) -- The U.S. Department of Defense has announced that it will continue to award large contracts during the ongoing federal government shutdown, but that it will not “publicly announce” the contract awards until the government shutdown ends. This policy may have serious practical implications for both unsuccessful offerors and awardees. When combined with the closure of the U.S. Government Accountability Office during the government shutdown, the policy undermines the protections afforded by the Competition in Contracting Act.

DOD’s Policy Decision

On Oct. 3, the DOD announced its...
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