R.D. Lieberman,ConsultantFeb 27, 20163 minA Few Reminders About Contract Claims and AppealsA recent Armed Services Board of Contract Appeals (“ASBCA”) case, Shavers-Whittle Const., LLC, ASBCA No. 60025, Feb. 9, 2016,...
R.D. Lieberman,ConsultantFeb 27, 20163 minAdditional Cost is the Appropriate Measure for Differing Site ConditionsThe Civilian Board of Contract Appeals recently considered the appropriate measure for claims under the differing site conditions clause...
R.D. Lieberman,ConsultantFeb 21, 20164 minHaste Makes Waste: Latent Solicitation AmbiguitiesSometimes, for the best of reasons, a contracting officer (“CO”) decides to charge ahead with a procurement when his or her own staff...
R.D. Lieberman,ConsultantFeb 12, 20164 minSix Recurring Agency Mistakes in DiscussionsDiscussions may become a very important part of a negotiated procurement. Discussions always occupy a compelling spot in the lore of...
R.D. Lieberman,ConsultantFeb 7, 20162 minG.L. Christian & Associates v. the LionsFor more than 50 years, the “Christian Doctrine” has been established law. The doctrine provides that if a mandatory contract clause is...
R.D. Lieberman,ConsultantFeb 4, 20163 minPricing Commercial Trash Pickup: By the Ton or by the Run?The Army sought “solid waste management services” (trash pickup) at or near Fort Polk, LA. Army properly recognized that these services...
R.D. Lieberman,ConsultantJan 31, 20162 minGAO Warns Against Use of Flexible Ordering AgreementsThe Government Accountability Office (“GAO”) recently found two agencies using a new, but unlawful approach to task and delivery orders,...
R.D. Lieberman,ConsultantJan 29, 20162 minNo "Derivative Sovereign Immunity" If Contractor Violates Contract or LawThe Supreme Court rarely considers government contracting cases. Recently, in Campbell-Ewald Co. v. Gomez,136 S.Ct. 663(2016), the Court...