R.D. Lieberman,Consultant
Square Corners
Nearly 100 years ago, U.S. Supreme Court Justice Holmes wrote “Men must turn square corners when they deal with the Government.” Rock...
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RICHARD D. LIEBERMAN'S FAR CONSULTING & TRAINING
News and Blogs for Government Contractors
by Richard D. Lieberman, Federal Acquisition Regulation (FAR) Consultant
Government Contracting Blog
(See also the articles page of this site)
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R.D. Lieberman,Consultant
Dec 22, 20183 min read
Construction Bond Requirements Are Incorporated in Contracts by the Christian Doctrine
Under the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if...
9 views
R.D. Lieberman,Consultant
Nov 12, 20183 min read
Federal Circuit Warns Contracting Officers: Meet Your Needs With Commercial Items First
In 1994, the Congress passed the Federal Acquisition Streamlining Act (“FASA”), Pub. L. No. 103-355, and included, codified as amended at...
7 views
R.D. Lieberman,Consultant
Oct 18, 20185 min read
Agency Violations of the Covenant of Good Faith and Fair Dealing
Two recent cases at the Armed Services Board of Contract Appeals (“Board”) demonstrate the importance and reach of the covenant (implied...
12 views
R.D. Lieberman,Consultant
Jul 26, 20183 min read
When is a Task Order Out of Scope?
Two recent Government Accountability Office (“GAO”) bid protest decisions are interesting because in both cases, the GAO held that a task...
24 views
R.D. Lieberman,Consultant
Jun 11, 20185 min read
What is a Fair Market Price in Set-Asides?
What is a fair market price, or a fair and reasonable price? The Federal Acquisition Regulation (“FAR”) requires that in a small...
23 views
R.D. Lieberman,Consultant
Jun 5, 20183 min read
Latent Ambiguity
It is an important rule of interpretation for both solicitations and contracts that the reader must examine the plain language of the...
27 views
R.D. Lieberman,Consultant
May 23, 20182 min read
Only A Contractor, Not an Imposter, May Submit a Valid Claim
An Air Force contracting officer (“CO”) receives an email referencing Contract No. H92237-13-C-5002 (the “Contract”) for general labor...
5 views
R.D. Lieberman,Consultant
Apr 29, 20182 min read
Final Signed Release Bars Future Claims
Once again, a contractor was barred from raising future claims on a contract where the same contractor had executed a final release that...
5 views
R.D. Lieberman,Consultant
Apr 15, 20184 min read
Agency's Unilateral Modification of Funding Clause is A Breach of Contract, Not a Proper Change
This blog recently discussed the limits of the use of the Changes Clause in a contract, noting that the clauses at Federal Acquisition...
28 views
R.D. Lieberman,Consultant
Apr 4, 20183 min read
Government Waiver of Contract Specifications: When and How?
Waiver: The voluntary relinquishment or abandonment – express or implied—of a legal right or advantage. Black’s Law Dict. (10th Ed....
18 views
R.D. Lieberman,Consultant
Mar 20, 20183 min read
No Acceptance Means No Contract
The U.S. Forest Service manages our national forests, which includes organizing and administering timber sales. These sales result in...
10 views
R.D. Lieberman,Consultant
Jan 17, 20183 min read
Oral Advice Cannot Amend a Solicitation
This blog has frequently frowned on any government contractor taking oral advice from any government official, even a contracting officer....
2 views
R.D. Lieberman,Consultant
Jan 6, 20182 min read
How Many Mistakes Can A Defense Logistics Agency Contracting Officer Make?
A Defense Logistics Agency (“DLA”) contracting officer (“CO”) terminated a contract to provide jet fuel to Bagram airfield in...
6 views
R.D. Lieberman,Consultant
Oct 12, 20174 min read
Is the Entire Federal Acquisition Regulation (FAR) Incorporated in Your Government Contract?
The Federal Acquisition Regulation (“FAR”) is found in Title 48 of the Code of Federal Regulations. It consists of 37 Chapters (Chapter...
11 views
R.D. Lieberman,Consultant
May 25, 20174 min read
Another Sad Story of Misplaced Reliance on a Contract Specialist and Improper Exercise of Options
This blog has frequently discussed cases supporting the strong principle that the federal government has given the authority to enter...
13 views
R.D. Lieberman,Consultant
May 13, 20175 min read
Incorporation by Reference
Black’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of...
5 views
R.D. Lieberman,Consultant
May 3, 20173 min read
GAO Approves New Best Value Method: Highest Technically Rated With Fair and Reasonable Price; Court
The Government Accountability Office (“GAO”) recently deemed as permissible the use of the “highest technically rated offerors with a...
138 views
R.D. Lieberman,Consultant
Apr 26, 20174 min read
Department of Justice Evaluation Questions for Corporate Compliance Programs
In early February 2017, the Fraud Section of the Department of Justice (“DOJ”) Criminal Division issued an eight page paper on how DOJ...
4 views
R.D. Lieberman,Consultant
Apr 13, 20172 min read
"You're Out of Luck Buddy" (No Extra-contractual Relief)
In a timber sale contract (where the government contractor cuts down timber and sells it, presumably at a profit), the Civilian Board of...
2 views
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