Payne Hackenbracht & Sullivan
Government Duty to Disclose
It is well settled that the Government has a duty at the time of bidding to disclose information which is critical to the contractor's evaluation of its performance risks. Hardeman- Monier-Hutcherson v. United States, 201 Ct.Cl. 898, 458 F.2d 1364 (1972); J.A. Jones Construction Co. v. United States, 182 Ct.Cl. 615, 390 F.2d 886 (1968); Helene Curtis Industries, Inc. v. United States, 160 Ct.Cl. 437, 312 F.2d 774 (1963). When the Government fails to discharge its duty and the contractor is misled to its detriment by the nondisclosure, the Government is liable for breach of contract. Leal v. United States, 149 Ct.Cl. 451, 276 F.2d 378 (1960); Gordon H. Ball, Inc., Eng BCA 3563, 78-1 BCA 13,055 (1976).