R.D. Lieberman,ConsultantJan 12, 20193 minSquare CornersNearly 100 years ago, U.S. Supreme Court Justice Holmes wrote “Men must turn square corners when they deal with the Government.” Rock...
R.D. Lieberman,ConsultantDec 22, 20183 minConstruction Bond Requirements Are Incorporated in Contracts by the Christian DoctrineUnder the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if...
R.D. Lieberman,ConsultantNov 12, 20183 minFederal Circuit Warns Contracting Officers: Meet Your Needs With Commercial Items FirstIn 1994, the Congress passed the Federal Acquisition Streamlining Act (“FASA”), Pub. L. No. 103-355, and included, codified as amended at...
R.D. Lieberman,ConsultantOct 18, 20185 minAgency Violations of the Covenant of Good Faith and Fair DealingTwo recent cases at the Armed Services Board of Contract Appeals (“Board”) demonstrate the importance and reach of the covenant (implied...
R.D. Lieberman,ConsultantJul 27, 20183 minWhen 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...
R.D. Lieberman,ConsultantJun 11, 20185 minWhat 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...
R.D. Lieberman,ConsultantJun 5, 20183 minLatent AmbiguityIt is an important rule of interpretation for both solicitations and contracts that the reader must examine the plain language of the...
R.D. Lieberman,ConsultantMay 23, 20182 minOnly A Contractor, Not an Imposter, May Submit a Valid ClaimAn Air Force contracting officer (“CO”) receives an email referencing Contract No. H92237-13-C-5002 (the “Contract”) for general labor...
R.D. Lieberman,ConsultantApr 29, 20182 minFinal Signed Release Bars Future ClaimsOnce again, a contractor was barred from raising future claims on a contract where the same contractor had executed a final release that...
R.D. Lieberman,ConsultantApr 15, 20184 minAgency's Unilateral Modification of Funding Clause is A Breach of Contract, Not a Proper ChangeThis blog recently discussed the limits of the use of the Changes Clause in a contract, noting that the clauses at Federal Acquisition...
R.D. Lieberman,ConsultantApr 4, 20183 minGovernment 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....
R.D. Lieberman,ConsultantMar 20, 20183 minNo Acceptance Means No ContractThe U.S. Forest Service manages our national forests, which includes organizing and administering timber sales. These sales result in...
R.D. Lieberman,ConsultantJan 17, 20183 minOral Advice Cannot Amend a SolicitationThis blog has frequently frowned on any government contractor taking oral advice from any government official, even a contracting officer....
R.D. Lieberman,ConsultantJan 6, 20182 minHow 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...
R.D. Lieberman,ConsultantOct 12, 20174 minIs 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...
R.D. Lieberman,ConsultantMay 25, 20174 minAnother Sad Story of Misplaced Reliance on a Contract Specialist and Improper Exercise of OptionsThis blog has frequently discussed cases supporting the strong principle that the federal government has given the authority to enter...
R.D. Lieberman,ConsultantMay 13, 20175 minIncorporation by ReferenceBlack’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of...
R.D. Lieberman,ConsultantMay 3, 20173 minGAO 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...
R.D. Lieberman,ConsultantApr 26, 20174 minDepartment of Justice Evaluation Questions for Corporate Compliance ProgramsIn early February 2017, the Fraud Section of the Department of Justice (“DOJ”) Criminal Division issued an eight page paper on how DOJ...
R.D. Lieberman,ConsultantApr 13, 20172 min"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...