R.D. Lieberman,Consultant1 day ago3 minThe Parol Evidence Rule and Differing Site ConditionsA recent case at the Federal Circuit explained the Parol Evidence Rule, and its application to potentially differing site conditions. ...
R.D. Lieberman,ConsultantApr 153 minExculpatory Clause Does Not Insulate Government From Its Own BreachWhere a contract imposes an obligation on the government, and that obligation is a condition that ensures the contractor can perform its...
R.D. Lieberman,ConsultantApr 92 minArmed Services Board Gives Wide Lattitude to Pro Se LitigantsIn a recent appeal of an Army Corps of Engineers (the “Corps”) termination for default, the Armed Services Board (“ASBCA” or “Board”)...
R.D. Lieberman,ConsultantMar 302 minNot A Final Contracting Officer's DecisionThe Contract Disputes Act (“CDA”), 41 USC §§ 7101-7109, requires both a claim and a contracting officer’s (“CO”) decision on a claim...
R.D. Lieberman,ConsultantMar 261 minFalse Claims Act Settlements and Judgments Exceed $2.69 Billion in 2023False Claims Act (“FCA”) settlements and judgments exceeded $2.69 billion in fiscal year 2023, with Health and Human Services (“HHS”) and...
R.D. Lieberman,ConsultantMar 262 minIs A Solicitation Requirement for Financial Liquidity and Solvency Unduly Restrictive?In a recent solicitation by the Department of Veterans Affairs (“VA”) for a ten year, indefinite delivery, indefinite contract for supply...
R.D. Lieberman,ConsultantMar 72 minEven for Fraud Allegations, GAO Has No Jurisdicton Over Protest of Other Transaction Authority ProcurementsThe Government Accountability Office (“GAO”) recently dismissed a protest involving an Other Transaction Authority (“OTA”) procurement by...
R.D. Lieberman,ConsultantMar 42 minIs A Partially Performed Contract Recent?The Government Accountability Office (“GAO”) recently considered an award where the awardee had performed part of a past performance...