Courts, Boards, & GAO

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Lost in Cyberspace: Late-Is-Late Rule Precudes Consideration of Protester’s Quarantined  Proposal • Raytheon Loses Remand Fight Over Level 1 Cost Penalties, But Government Waived Right to CAS Penalties • Why Not Bidding—and Not Protesting Early—Doomed This Challenge to an Award • “I Could Have Competed” Won’t Cut It: COFC Requires Showing Contractor Could Perform Work if it Wants to Protest Solicitation Terms • Revolutionary FAR Overhaul Update: Rulemaking Phase Begins with the Issuance of Four Proposed Rules

COFC Not Persuaded by Contractor’s “Gestalt” Theory of Constructive Change—Absent Specific Evidence, the Court is not Inclined to Infer the Elements of Constructive Change from the Totality of the Circumstances; COFC No. 12-286C, Northrop Grumman Systems Corporation v. United States

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