R.D. Lieberman,Consultant4 days ago3 minContractor's Interpretation Must be Reasonable in Type 1 Differing Site Conditions ClaimThe Federal Circuit recently discussed the requirements of a “differing site conditions” claim under the appropriate contract clause. U.S...
R.D. Lieberman,Consultant4 days ago2 minIncumbent's Poor Performance Does Not Justify Sole Source ProcurementFederal Acquisition Regulation (“FAR”) Subpart 6.3 deals with “Other Than Full and Open Competition” and identifies seven statutory autho...
R.D. Lieberman,ConsultantSep 33 minAgency Failed to Follow Solicitation Requirements by Excluding Parts of ProposalIt is frequently the case that a proposal is rejected or downgraded because it fails to follow the requirements of the solicitation. Then...
R.D. Lieberman,ConsultantAug 253 minWhere FAR Part 31 Cost Principles Apply, Interest is Not Allowed on a Loan Because of Govt Delay The U.S. Code provides that “interest on a claim against the United States shall be allowed in a judgment of the U.S. Court of Federal Cl...
R.D. Lieberman,ConsultantAug 253 minQuestion Period Is Part of Enhanced Post-Award Debriefing for Automatic StayThe Court of Federal Claims recently considered an award where the Army Corps of Engineers (“COE”) refused to implement an automatic stay...
R.D. Lieberman,ConsultantAug 253 minAgency cannot Change Terms of Modification After It Implicitly Ratifies ItThe Civilian Board of Contract Appeals recently considered a case of an agency seeking to change a modification after there was implicit ...
R.D. Lieberman,ConsultantAug 62 minProtests that Agencies Should Use More Restrictive SpecificationsThe Government Accountability Office’s (“GAO”) role in reviewing bid protests is to ensure that statutory requirements for full and open ...
R.D. Lieberman,ConsultantJul 302 minAgency Failed to Evaluate Escalation Rates in Cost Realism AnalysisIn a source selection for a task order for engineering support services under the Navy’s Seaport-e Indefinite Delivery, Indefinite Quanti...
R.D. Lieberman,ConsultantJul 232 minContractor May Appeal Gov't Claim Without Submitting A Separate Claim to Contracting OfficerIn a recent case at the Civilian Board of Contract Appeals, the Board reasserted that a contractor may appeal a government claim without ...
R.D. Lieberman,ConsultantJul 204 minRead Your Contract and Remember the RulesIn two recent cases, one before the Civilian Board of Contract Appeals (“CBCA”) and the other at the Federal Circuit, the contractors eit...
R.D. Lieberman,ConsultantJul 142 minBoards Lack Jurisdiction Over Real Property DisputesThe Civilian Board of Contract Appeals recently dismissed a claim on a default termination of a Department of State contract for construc...
R.D. Lieberman,ConsultantJul 13 minBoard Allows Claim Because Agency Did Not Understand Its Own Solicitation and ContractIn an interesting Armed Services Board of Contract Appeals case, the Board sustained a contractor’s claim for $962,020 for increased scop...
R.D. Lieberman,ConsultantJun 263 minFederal Circuit Adopts Federal Claim Standard on Disparate EvaluationsThe Federal Circuit Court, never having previously had a standard for evaluating disparate evaluation claims in bid protests, adopted the...
R.D. Lieberman,ConsultantJun 182 minBoards Lack Jurisdiction to Hear Bid Protests Even if CO Invites ItThe following forums have jurisdiction to consider bid protests: Agency: jurisdiction provided by Executive Order 12979 and Federal Acqui...
R.D. Lieberman,ConsultantJun 182 minDon't Make a Fatal Mistake At the Boards of Contract AppealRecently, a contractor who had submitted a claim to its contracting officer, made a fatal procedural mistake when asking the Civilian Boa...
R.D. Lieberman,ConsultantMay 282 minWhat is a "Sum Certain?"As used in Federal Acquisition Regulation (“FAR”) 52.233-1 (Disputes), a claim is a “ a written demand or written assertion by one of the...
R.D. Lieberman,ConsultantMay 132 minReprocurement Contract May Not Exceed Undelivered Term of Defaulted ContractAfter a contract has been terminated for default, Federal Acquisition Regulation (“FAR”) 49.402-6 permits the agency to repurchase the sa...
R.D. Lieberman,ConsultantMay 64 minHighest Technically Rated Reasonably Priced Selection Method is Not OK for GSA Schedules BPA'sThe Government Accountability Office (“GAO”) recently ruled that the General Services Administration’s (“GSA”) use of a highest-technical...
R.D. Lieberman,ConsultantMay 33 minCan't Challenge CPAR IN BID Protest But Can Challenge Bad Faith in SelectionThe Court of Federal Claims recently held that it could not consider a post-award bid protest of a Contractor Performance Assessment Repo...
R.D. Lieberman,ConsultantApr 223 minBait and Switch Redux-Even Without Required Commitment LettersThis blog has frequently explained an occasional protest-winning situation where an offeror engages in “bait and switch” in its proposal....
