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An Agreement to “Seriously Consider” Paying is Not an Agreement to Pay

What do you get when the Government says you “may submit a request for equitable adjustment” and agrees to “seriously consider” the request?  Not much.  At least that is the lesson from the recent decision in Agility Defense & Government Services, Inc. v. United States. In that case, Agility Defense & Government Services, Inc. (“Agility”) […]

Where’s the Cost & Pricing Data?

Proposals for Government contracts that require “Cost and Pricing Data” can include thousands of pages and millions of lines of financial information.  And believe it or not, someone has to read all that data. To simplify the task, the National Aeronautics and Space Administration, better known as NASA, last month published a new rule requiring […]

California Drought Creates Fish, Farm, Fuel Feud

Continuing a legal tug-of-war that started at least three decades ago, the United States Ninth Circuit Court of Appeals in San Francisco ruled on March 13, 2014, that water from California’s San Joaquin Delta must continue to flow out to sea to protect the tiny delta smelt, a federally listed endangered species.  This ruling is […]

DOD is Fertile Ground for Energy Providers

The Department of Defense (DOD) is in the energy business!  There are tremendous opportunities available for developers of energy projects at military facilities throughout the country.  Last November, the Air Force Civil Engineer Center (AFCEC) took an important step in one of DOD’s largest energy ventures to date at Joint Base McGuire-Dix-Lakehurst in New Jersey.  […]