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Beware the Risks Inherent in Going-Along-To-Get-Along

There is a tension in Government Contracting: How does a contractor adequately protect its rights given the day-to-day realities of working with its Government Customer? It is not uncommon for contracting officials to forgo certain formal procedures in their interaction with contractors. When this happens, Contractors may be inclined to follow the Government’s lead in… Continue Reading

Board Allows Government to Add Powerful “Unclean Hands” Affirmative Defense on Eve of Hearing

Last month, the Armed Services Board of Contract Appeals allowed the Government to amend its answer to add an “unclean hands” affirmative defense, a mere two months before the scheduled hearing date. Raytheon appealed from a Contracting Officer’s Final Decision denying its $48,195,191 claim for extra Systems Engineering and Program Management (SEPM) services under the… Continue Reading