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18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.
Accordingly, two issues came before the Court: What were the appropriate legal principles for a case management stay; and On balance, whether the case management stay should be granted. The Court held that the fact that the Claimant itself was applying for a stay did not alter the threshold as established in Tomolugen.
But, when balancing the pros and the cons, there is a natural expectation that contractors will accept the mandate, without challenge, so long as there is a financial upside for doing so. United States, 2003 WL 22049528, at 9 (Fed. United States, 2003 WL 22049528, at 9 (Fed. Of course, those complications are less welcome.
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