ASBCA: Contractor’s Request For Cancellation Was Not A Default

A contractor’s request that the agency issue a “no-cost” cancellation of its contract was not a default–and did not justify the government’s default termination of the contract.

In a recent decision, the Armed Services Board of Contract Appeals held that a contractor did not repudiate its contract by requesting a cancellation because the contractor’s request was not a “positive, definite, unconditional, and unequivocal refusal to perform.”

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Contractor’s Price Revealed to Competitors, GAO Says “Tough Luck”

When a contractor is declared the winner of a competition, the contractor’s bottom-line pricing is usually revealed to competitors.  Typically, the winner has no complaints: it is well-understood that the bottom-line pricing of winning contractors is usually considered public information (the taxpayers have a right to know how the government is spending their money).

But what if, after announcing the supposed awardee’s price, the agency changes its mind and re-opens the competition?  The price of the former “winner” is exposed, while the prices of its competitors remain a mystery.  It sounds unfair, but in a recent GAO bid protest decision, the GAO refused to require the procuring agency to level the playing field.

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