Articles in Magazines and Journals

-by Richard D. Lieberman

 

(Click to download article)

Basics

The Basics of Government Contracts-A Primer (2007)

Basics of Government Contracting (1992)

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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

PLEASE CLICK HERE

 

(click to download blog)

Basic Principles/Authority to Contract

A Trio of Short Cases with a Message

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)  

Armed Services Board Gives Wide Latitude to Pro Se Litigants (April 2024)
Are You a Volunteer? (Jan. 2016)

Brand Name or Equal Procurement Requires Justfication and Approval in Simplified Acquisitions (Nov. 2020)

Can A "Sum Certain" Be Found in the Claim? (Feb. 2023)

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)

Contracting Officer's Representative Cannot Bind Agency (Jan. 2025)

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)

Court of Federal Claims Has Jurisdiction Over Protests in Other Transaction Agreements Dec. 2022 

Department of Justice Evaluation Questions for Corporate Compliance Programs

Express Contract Precludes Implied-In-Fact Contract Dealing with Same Subject Matter (Nov. 2024)

FEDBID is Government's Agent in Reverse Auction (July 2019)

Federal Circuit Holds that "Sum Certain Requirement is Not Jurisdictional and Subject to Forfeiture (Aug. 2023)

Federal Circuit Warns Contracting Officers: Meet Your Needs With Commercial Items First (Nov. 2018)

Federal Circuit Rejects Counsel's Error in Misreading Rules (June 2024)

Freedom of Information Act Request Does Not Toll the Statute of Limitations on Claim (Jan. 2024)

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

Implications of Six Year Statute of Limitations for Submission of Claims (Dec. 2024)

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)

Independent Contractor versus Personal Services Contractor (March 2025)

Invalid Final Decision (March 2025)

Is the Entire Federal Acquisition Regulation Incorporated in your Government Contract? (Oct. 2017)

Know About the Doctrine of Apparent Authority

Latent Ambiguity

Material Breach of Government for Failure to Pay Invoices--Contractor May Abandon Performance

Military Interdepartmental Purchase Request ("MIPR") (July 2017)

Mirror Image Doctrine (September 2021)

Neither Contractor Nor Government May Unilaterally Change Payment Terms on Household Goods Shipments (Jan. 2024)

New Contracting Officer Representative ("COR") Guidebook Issued (March 2023)

No Acceptance Means No Contract

No Derivative Sovereign Immunity If Contractor Violates Contract or Law (Jan. 2016)

No Equitable Tolling of Six Year Statute of Limitgations on Submission of a Claim (Jan. 2024)

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)  

Ransomware and Jurisdiction (Sept. 2024)

Ratification of Contracts (April 2016) 

Ratification of an Unauthorized Commitment (Sept. 2021)

Read Your Contract and Remember the Rules ( July 2020)

Requirements Contracts: Words of Exclusivity (July 2024)

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 GAO Will Not Decide Protests Challengine A Solicitation on Constitutional Grounds (Jan 2025)

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)

What Happens to Appellants Who Fail to Comply with Board Orders (April 2025)

When Is a Task Order Out of Scope? (July 2018)

When Does the Government Breach the Implied Covenant of Good Faith and Fair Dealing?

You Can't Assume Anything When Drafting a Proposal (June 2024)

You May Not Increase Your Price in a Bid Extension (Feb. 1, 2024)

"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)

A Request for an Equitable Adjustment Was Actually a Claim (April 2025)

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)

Armed Services Board Report for Fiscal 2023 (Feb. 2024)

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)

Bordering on the Frivolous (Sept. 2024)

Broad Nature of Release Reservation Language (May 2023)

Burden of Proof Changes

Can A Request for Equitable Adjustment Be Considered a Claim? (April 2021)

Claim Certification in an Unsigned Attachment: "A Close Call" (May 2025)

Correctible (Defective) Claim Certification (March 2019)

Contracting Officer Cannot Issue a "Final Decision" to Create a Claim (Dec. 2022)

Contracting Officer Must Consider Request for Equitable Adjustment "In Good Faith and Reasonableness"

Construction Contracts May Exclude Wage Adjustments Even if There is a New Wage Determination (Jan 2023)

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)

Contracting Officer's Claim Was Not Final Decision Because it Invited Contractor to Submit More Facts/Documents(Nov. 2022)

Constructive Change but Contractor Had No Damages (August 2021)

Course of Dealing (Oct. 2023)

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)

Digital Signature Certification is Valid (March 2019)

Dismissal of An Incomplete (Improper) Claim or Appeal (September 2017)

Email Accord and Satisfaction for a Mod (Feb. 2023)

Fact Free Arguments of a Contracting Officer (Sept. 2024)

Final Contracting Officer Decision on Claim Does Not Cure Lack of Certification (Sept. 2019)

How to Sign Your Claim and Certification (Dec. 2017)

Government Waiver of Delivery Date (Oct. 2023)

Have a Heart (Transplant) (Nov. 2023)

It's Easy for a Small Business to Appeal a Denied Claim (May 2016)

Not a Claim (Oct. 2020)  

Proper Record Keeping System Needed for a Commercial Termination for Convenience (March 3, 2023)
Proving (and Not Proving) Your Claim with Certainty (July 2021)

Requests for Equitable Adjustments compared to Claims (Feb. 2019)
Request for Final Decision on Equitable Adjustment Request was Not Explicitly or Implicitly Made, Hence It was Not a Claim (July 2021)

Same Operative Facts in Claims (June 2023)

Test Your Knowledge of Change Orders and Equitable Adjustments

Must a Letter Request a Contracting Officer's Decision to Count as a Claim?

Must Your Claim be Certified by the Person Who Signed Your Contract

Nexus and the Contract Disputes Act (Jan. 2023)

Not a Final Contracting Officer's Decision (March 2024)

Not a "New Claim"

Poor Drafting of a Contract by the Government

Should There Be a Wage Adjustment for an Increase in a Local Wage Determination (Oct. 2024)

Solicitations for Requirements Contracts Must Include Realistic Estimated Quantities, Not Just Historical Data (Sept. 2017)

Suspension of Work and Protest After Award Clauses 

Sum Certain: Can you Choose Between Two Different Amounts?

Sum Certain Needed for a Government Claim

Sum Certain Must Be Included in Claim, Not Later (Sept. 2023)

Sum Certain Not Negated by Language to Prevent Double Counting (Oct. 2024)

Typed Named is Acceptable for Contract Disputes Act

The Importance of Timely Notification of Intended Claims

Thirteen Potential Government Claims (Aug. 2022)

Untimely Appeal (Dec. 2023)

Untimely Claims: Equitable Tolling or Excusable Neglect? (August 2018)

Untimely Receipt of an Appeal-Fedex Delivery

When Does a Claim Accrue When There is an Administrative Appeal? (Jan 2022)

What is a Deadline; Why Do Government Contractors Care

What is a "Sum Certain?" (May 2020)

When Timely Notice of an Intended Claim is Not Required (March 2016)

 

Contract Administration Issues

 

Agencies Cannot Pro-Rate Invoices Unless the Contract So States (Feb. 2017)

Agency Cannot Change Terms of Modification After It Implicitly Ratifies It (Aug. 2020)

Agency Cannot Re-Litigate Issues Previously Decided in an Appeal on a Claim (Sept. 2019)

Another Non-Exercise of Options: No Bad Faith and No Violation of the Covenant (Aug. 2023)

Another Sad Story of Misplaced Reliance on a Contract Specialist and Improper Exercise of Options (May 2017)

Are Unpaid Promissory Notes "Incurred Costs?" 

Asserting Duress in Signing a Modification (July 2024)

Be Careful What You Sign (Oct. 2017)

Beware of Government "Best Efforts" on Options (Sept. 2016)

Board Allows Claim Because Agency Did Not Understand Its Own Solicitation and Contract (July 2020)

Boards and Ct. of Fed. Claims Have No Authority to Award Punitive Damages

Breach of Covenant Need Not Be Submitted to Contracting Officer with Eq. Adjustment Claim

Bundling (May 2024)

Can You Sell a Government Contract?

Changes Clause Can't Be used to Change Terms and Conditions, Including Payment Terms (Nov. 2017)

Consequences of Government Delay or Indecision (April 2016)

Construction Contract Due Date Is Not a Warranty By Government That Work Can be Completed by Due Date (Apr. 2022)

Contract Extensions Must Meet the Same Requirements as Contracts  

Contractor Must File Claim for Time Extension or It Cannot Assert Gov't Caused Delay in Default Termination

Construction Contracts (But Not Service Contracts) May Exclude Wage Adjustment Clauses (Jan 2022)
Contracting Officer's Email Notice of Intent to Exercise Option was Adequate (July 2019)

Contractor Cannot Waive Its Right to Board Review Under the Contract Disputes Act (Feb. 2018)

Contractor May Use Legends to Restrict Data Rights of Non-U.S. Government Third Parties (March 2021)

Course of Dealing (Nov. 2020)

Courts Must Review Validity of Underlying Debt Before Offsetting Under Debt Collection Act (Nov.2020)   

COVID and Sovereign Acts Doctrine (Aug. 2022)

Defective Assignment of Claims on a Contract (Aug. 2021)

Defective Cure Notice-Acceptable Performance (May 2023)

Defense Contract Audit Agency Fiscal 2018 Activities

Department of Justice Issues Guide for Determining if Commercial or Financial Info is Confidential under FOIA (Oct. 2019)D

Don't Let Your Contracting Officer Use the Changes Clause to Change Terms and Conditions-esp. Payment Terms (Nov. 2017)

Don't Buy Software or Other Needs for an Option Before It is Exercised  

Exculpatory Clause Does Not Insulate Govt from Its Own Breach (April 2024)

Extensions May Go Beyond Contract Term

Failure to Novate (Jan. 2023)

First Article Does Not Redefine Contract Specifications for Acceptance (April 2017)

Full Performance of Commercial Contract Terminated for Convenience Requires Full Payment (August 2023)

Four Reasons Why Specifications Take Precedence Over Drawings (August 2017)

Government Acts In Bad Faith Differ from Breach of Contract

Government Breach of Payment Clause (Aug. 2022)

Government Can Breach Duty of Good Faith and Fair Dealing in IDIQ Contract Even When it Orders the Minimum

Government Cannot Extend a Contract After It Expires (Jan 2023)

Government's Dilatory Processing of Convenience Termination Settlement Proposal Creates Impasse

Government Waiver of Delivery Date

How Many Mistakes Can a Defense Logistics Agency Contracting Officer Make? (Jan. 2018)

How to Get Paid for Wage Determination Increases in Options and Extensions under the Service Contract Act (Oct. 2017)

How to Get Paid on Your Invoices (Jan. 2016)

Ignoring a Board Order: Failure to Prosecute (June 2022)

In a Fixed-Price Contract, the Contractor Assumes the Risk of Higher Costs

Late Revocation of Acceptance (Oct. 2021)

Market Shortage Not an Excuse for Nonperformance-Default Justified

Missing Deadlines in Contract Administration and Claims (Jan. 2016)

Modification Signed Under Protest: Agency Must Consider All Documents in the Transaction (May 2019)

No COVID Adjustment in Fixed Price Contract (May 2023)

No Duress in Signing a Waiver (July 2022)

No Unilateral Mistake Allowed in Woodies' Leases to GSA (Sept. 2019)

Noncommercial Clauses in RFQs for Commercial Items (Jan 2016)

One Truth About the Truth in Negotiations Act (Aug 2017)

Options: Unfettered Government Discretion

Option To Extend Services May Be Exercised Before Option to Extend Term of Contract (Nov. 2021)

Prior Course of Dealing (Jan. 2020) 

Read Any Release Carefully-Twice (Dec. 2021

Reconsidering a Contracting Officer's Final Decision (August 2024)

Reprocurement Contract May Not Exceed Undelivered term of Defaulted Contract (May 2020)

Sequestration: A Dozen Ways the Government Can Reduce or Eliminate Your Contract (August 2017)

Snooze and Lose (May 2024)

Subcontractor Costs:  Can the Prime Bill for Vacation Costs, Even if Invoiced Separately (Nov. 2017)

Submit Your Invoices on Time or risk Nonpayment (Dec. 2019)

Supreme Court Eases the Definition of Confidential Commercial Information Exempt from FOIA  (Oct. 2019)

The Government Controls the Options (Aug. 2016)  

The Parol Evidence Rule and Differing Site conditions (April 2024) 

Termination for Cause Was Proper Where Excusanle Delay Was Not Proven

Test Your Knowledge of Changes and Equitable Adjustments (Jan 2016)

Understanding a Release

Unreasonable Post-Performance Actions by the Government (Nov. 2016)

Using Bridge Contracts-A Bridge to Trouble

Waiver of Government Right to Terminate for Default (May 2023)

What Happens When An Agency Issues Orders Under a Requirements Contract, Then Reduces Quantities..(July 2024)

When Can Prices in a Fixed Price Contract Be Reformed (July 2022)

When Will Boards Have Jurisdiction On Matters That Relate to Service Contract Act Issues (August 2018)

Where FAR Part 31 Cost Principles Specifically Apply, Interest is Not Allowed on a Loan Because of Govt Delay of Payment (Aug 2020)

Whereas Clauses are Not Contractual (Sept. 2022)

Will An Employee Strike Excuse a Default? What is a Strike? (Oct. 2016)

Wrongful Default, Contracting Officer Representatives Lies (Nov. 2016)

 

Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals

Armed Services Board Sustain Rate Increases Slightly in 2017 (Feb. 2018)

Armed Services Board Meritorious Dispositions Increase in 2018 (December 2018)

Armed Services Board Report for end-Fiscal Year 2022 (April 2023)

Armed Services Board Report for Fiscal Year 2023 (Feb. 2024)

Boards Cannot Grant Injunctive Relief (March 2019)

Boards Lack Jurisdiction over Real Property Disputes (July 2020)

Boards Lack Jurisdiction to Hear Bid Protests Even if Contracting Officer Invites It (June 2020)  

Can An Appeal to a Board be Filed After the 90 Day Deadline? (Sept. 2021)

CBCA Rejects an Egregious Interpretation of the Contract Disputes Act 
Court of Federal Claims Has Jurisdiction Over Implied-In-Fact Contract to Fairly and Honestly Consider Proposals
Demystifying Appeals Before the Boards of Contract Appeals (Oct. 2016)

Don't Make a Fatal Mistake at the Boards of Contract Appeals (June 2020)
Failure to Prosecute a Case at the Board of Contract Appeals (June 2021)

Federal Circuit Holds that Any Defect in Claim Certification Can Be Corrected
Federal Circuit Lacks Jurisdiction to Consider Small Claims Decisions of Board Except for Fraud (March 2022)
Final Decision Must Solely Assert Fraud to Defeat Board Jurisdiction (Sept. 2018)

Gabions and Differing Site Conditions

Governnment Can't Rely on Non-Credible Hearsay to Show Failure to Meet Contract Specifications (Nov. 2019)

Get It in Writing

Impossibility or Commercial Impracticability

New Contracting Officer is No Reason to Delay Decision on Claim (Feb. 2017)

No Magic Words or Form Needed for a Claim (Nov. 2019)

Potential Implied In Fact Contract Provides Potential Jurisdiction for Board (Jan. 2022)

Postal Service Contract Boilerplate May be Unenforceable and Contrary to Public Policy

Receipt of CO Decision Includes Receipt by Your Attorney or Employee

Report of the Armed Services Board of Contract Appeals for FY 2020 (Jan. 2021)

Trapped by Technology: Proof of Filing

When Should the Government Be Required to File a Complaint at the Boards of Contract Appeals

Who Decides Schedule Contract Disputes?

 

Evaluation of Offers in Accordance with the RFP

Agencies Must Treat Contractor's Fairly When Using RFQs (April 2016)

In Best Value Selection, Agencies Can't Ignore Price

Past Performance Information that is Too Close at Hand

Price:Reasonable versus Realistic

The FAR Unbalancing Act (May 2016)

 

Federal Supply Schedules

Can the Government Have Its Cake and Eat It Too with RFQs?

Caution on Refreshes of Your Multiple Award Schedule Contract (April 2018)

New Rule Permits Providing Off Schedule Items Without Using "Open Market" Procedures (April 2018)

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For the second page of blog articles, containing the following subjects:
Formation/General
Fraud
Government Wide
Mistakes
Offers/Protests
Small Business
Subcontracting 
Terminations
PLEASE CLICK HERE

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