References
- “Bad Faith and Biased Procurement Officials (Post-Award Protest Primer #16).” SmallGovCon, 2018.
- “Claim of Bad Faith Termination by Government Requires Strong Evidence, says CBCA.” SmallGovCon, 2018.
- “The Implied Duty of Good Faith & Fair Dealing in Government & Commercial Contracts.” Mayer Brown, 2014.
- “In Rare Case Court Holds Government Termination for Default was in Bad Faith.” Peckar & Abramson, P.C. 2019.
- “What to Do if Your Federal Contract was Wrongfully Terminated by the Government.” Bradley Arant Boult Cummings LLP, 2025.
Reflection
The principles of good faith and fair dealing are the bedrock of a transparent and competitive procurement process. When an agency’s actions call these principles into question, it is not merely a contractual dispute; it is a challenge to the very foundation of public trust. A bidder who chooses to challenge an improper RFP cancellation is not only seeking to rectify their own damages but is also playing a role in holding government agencies accountable to the high standards of conduct that taxpayers and the public expect. The path to proving bad faith is arduous, but it is a necessary one to ensure that the rules of fair play are more than just words on a page.
Glossary
Rfp Cancellation
Meaning ▴ RFP Cancellation defines the explicit termination of an active Request for Quote (RFP) process initiated by a Principal, occurring prior to the final acceptance of any submitted quotes or the execution of a trade.
Fair Dealing
Meaning ▴ Fair Dealing denotes the fundamental principle of equitable and non-discriminatory treatment afforded to all market participants within a trading system, ensuring that institutional order flow is processed without bias or preferential access.
