
RICHARD D. LIEBERMAN'S FAR CONSULTING & TRAINING
News and Blogs for Government Contractors
by Richard D. Lieberman, Federal Acquisition Regulation (FAR) Consultant
Articles in Magazines and Journals
-by Richard D. Lieberman
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Basics
The Basics of Government Contracts-A Primer (2007)
Basics of Government Contracting (1992)
Bid Protests
Scorekeeping Bid Protests in Six Forums (1995)
Bid Protests at the Court of Federal Claims and GAO (1997)
Has the Court of Federal Claims Changed Bid Protests (1998)
Treading On the Same Rake-Learning from Agency Mistakes Identified in GAO Protest Decisions (NCMA Contr. Mgt. Jan 2019)
Compliance Programs
Compliance Programs-They're Worth It (1999)
A Company Contract Compliance Program...How to Implement It (1993)
Mistakes
Ten Big Mistakes Made by Small Business and New Government Contractors (2015)
Ten Big Mistakes in Contract Bidding (2007)
Ten Big Mistakes n Contract Administration (2006)
Other
Do You Know the Differences Between Requests for Equitable Adjustments (REA) and Claims? (NCMA Contr. Mgt. Dec 2018)
How to] Reduce the Cost of Defense Systems (2001)
Incorrect Government Advice-Whom Should You Heed? (2016)
Practical Tips...On Criminal Investigations (2009)
The 'Criminalization' of Government Procurement (1993)
Selected Previous Blog Articles (Date)
-by Richard Lieberman
For the second page of blog articles, containing the following subjects:
Formation/General
Fraud
Government Wide
Mistakes
Offers/Protests
Small Business
Subcontracting
Terminations
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Basic Principles/Authority to Contract
Agency's Unilateral Modification of Funding Clause is a Breach Not a Proper Change Order (April 2018
Agency Violations of the Covenant of Good Faith and Fair Dealing (October 2018)
Agreed Upon Contract Terms Must Be Enforced (Nov. 2021)
Always Read Your Opponent's Entire Protest (April 2016)
Anticipatory Repudiation: Good, Bad and Ugly (April 2016)
Are You a Volunteer? (Jan. 2016)
Brand Name or Equal Procurement Requires Justfication and Approval in Simplified Acquisitions (Nov. 2020)
Can a Rubber Stamped Signature Bind a Contractor? (Nov. 2018)
Civilian Board Diverges from Armed Services Board on Filing Appeals with Contracting Officer (Sept. 2020)
Conduct of Court Litigation Reserved to Department of Justice (Sept. 2017)
Constructive Notice (Dec. 2020)
Construction Bond Requirements are Incorporated in Contracts by the Christian Doctrine (Dec. 2018)
Contract Language Matters-the Government Cannot Rewrite a Contract (March 2021)
Contractors Have a Duty to Inquire About Wage and Fringe Benefits
Contractors May Use Legends to Restrict Data Rights of Non-U.S. Government Third Parties (March 2021)
Contractor's Failure To Respond (Dec. 2020)
Contra Proferentem, Latent Ambiguity and Contractor Wins Claim (Oct. 2020)
Contracts Without Consideration: What is a "Nudum Pactum" (Jan. 2016)
Court Has No Jurisdiction to Consider Claims on Blanket Purchase Agreements (May 2019)
Court of Federal Claims Has Jurisdiction Over Removal from Qualified Parts List (Feb. 2021)
Department of Justice Evaluation Questions for Corporate Compliance Programs
FEDBID is Government's Agent in Reverse Auction (July 2019)
Federal Circuit Warns Contracting Officers: Meet Your Needs With Commercial Items First (Nov. 2018)
Final Signed Release Bars Future Claims (April 2018)
GAO Approves New Best Value Method; Highest Technically Rated with Fair and Reasonable Price, Court of Fed Cl. Agrees (May 2017)
GAO Jurisdiction Extends to Procurement Laws and Regulations But Not Questions of Fiscal Law or the Anti-Deficiency Act (Oct. 2018)
Good Faith and Fair Dealing-Government Breach
Government Waiver of Contract Specifications: When and How? (April 2018)
Guard Your Proprietary Information Carefully (March 2020)
"Illusory" Indefinite Delivery Contracts
Impossibility Is Not a Defense to Default if Contractor Fails to Explore Alternatives (May 2022)
Incorporation by Reference
Incumbent's Poor Performance Does Not Justify Sole Source Procurement (Sept. 2020)
Indefinite Quantity Contracts are Contracts but Blanket Purchase Agreements are Not (Jan. 2021)
Is the Entire Federal Acquisition Regulation Incorporated in your Government Contract? (Oct. 2017)
Know About the Doctrine of Apparent Authority
Latent Ambiguity
Military Interdepartmental Purchase Request ("MIPR") (July 2017)
Mirror Image Doctrine (September 2021)
No Acceptance Means No Contract
No Derivative Sovereign Immunity If Contractor Violates Contract or Law (Jan. 2016)
One Truth About the Truth in Negotiations Act
Only A Contractor, Not an Imposter, May Submit a Valid Claim (May 2018)
Oral Advice Cannot Amend a Solicitation (Jan. 2018)
Patent Ambiguity (Jan. 2020)
Plain Meaning Rule (May 2021)
Public Notice of Contracting Actions (March 2016)
Ratification of Contracts (April 2016)
Ratification of an Unauthorized Commitment (Sept. 2021)
Read Your Contract and Remember the Rules ( July 2020)
Racing Cars and Implied Contracts Made by the Head of an Agency (March 2020)
Supreme Court Expands the Deliberative Process Exemption to the Freedom of Info. Act (July 2021)
Sovereign Acts Doctrine (Oct. 2021)
So You Think You've Got a Contract?(March 2016)
Square Corners (Jan. 2019)
The Secret's In the Sauce-Why You Need the FAR (April 2016)
Use It or Lose It-A Primer (May 2016)
What Constitutes a Final Contracting Officer's Decision (April 2022)
When Is a Task Order Out of Scope? (July 2018)
"You're Out of Luck Buddy" (No Extra-Contractual Relief) (April 2016)
Claims and Remedies
A Common Sense Analysis of What is a Claim (June 2017)
A Few Reminders About Contract Claims and Appeals (Feb. 2016)
Alleged "Final Contracting Officer's Decision" Does Not Cure Absence of Required Certification (Oct. 2018)
Are Unpaid Promissory Notes "Incurred Costs" (May 2022)
Are You Entitled to an Equitable Adjustment (Oct. 2016)
A Tale of Two Appeals (August 2016)
Additional Cost is the Appropriate Measure for Differing Site Conditions (Feb. 2016)
Board Will Not Dismiss a Claim For Lack of Adequate Notice After Detailed Decision, 5 Years After Claim Was Submitted (Jan 2019)
Board has No Jurisdiction to Consider New Claim Theories Not Presented to Contracting Officer (June 2021)
Can A Request for Equitable Adjustment Be Considered a Claim? (April 2021)
Correctible (Defective) Claim Certification (March 2019)
Contracting Officer Must Consider Request for Equitable Adjustment "In Good Faith and Reasonableness"
Constructive Acceleration (July 2017)
Contractor Can Seek Payment for Work That was Invoiced and Accepted Prior to Default Termination (July 2017)
Contractor May Appeal Gov't Claim Without Submitting Separate Claim to Contracting Officer (July 2020)
Contractor's Interpretation Must Be Reasonable in Type I Differing Site conditions Claim (Sept. 2020)
Claim Accrues When Injury Occurs, Not When Monetary Damages Are Incurred (Nov. 2021)
Claim Does Not Accrue Until "Sum Certain" Is Known by Contractor (June 2016)
Claim May Use Estimate to Arrive at "Sum Certain"
Contract Requirement to Meet Proposed Staffing Levels Makes Deductions Appropriate (Apr. 2022)
Constructive Change but Contractor Had No Damages (August 2021)
Deemed Denial of Claims and How This Helps Contractors (March 2016)
"Defective" Claim Certification or "No Claim Certification" (Nov.2018)
Defective Design Specifications (March 2022)