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23 Stuart B. Nibley (snibley@thelenreid.com) is a partner in the Construction and Government Contracts Group in the Washington, D.C., office of Thelen Reid & Preist LLP and head of the firm’s Government Contracts Practice. The author expresses his appreciation to Michael J. Askew, a colleague at Thelen Reid & Priest LLP, who assisted not only in identifying relevant cases and other materials, but, more importantly, in analyzing and debating various concepts that are reflected in this article. The...

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