(Editor’s Note. Since the practical meaning of most regulations are what appeals boards, courts and Comptroller General say they are, we are continuing our annual practice of summarizing some of the significant decisions last year affecting grounds for successful protests of award decisions, important contracting requirements, grounds for claims and cost and pricing issues. Since we are currently working on an article addressing recent decisions on evaluating past performance evaluations we will include relevant cases in that article. This article is based on the January 2003 issue of Briefing Papers written by Miki Shager, Counsel to the Department of Agriculture Board of Contract Appeals and Marshall Doke of the law firm of Gardere Wynee Sewell L.L.P. We have referenced the cases in the event our readers want to study the cases.)
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