R.D. Lieberman,ConsultantOct 20, 20233 minGovernment Waiver of Delivery DateA government waiver of a delivery date is an important potential defense against a termination for default. This is especially the...
R.D. Lieberman,ConsultantOct 7, 20233 minGovernment Bears the Burden of Proving Excess Costs of ReprocurementWhen the government defaults a contract and seeks excess costs of reprocurement, this is a government claim against the contractor, and...
R.D. Lieberman,ConsultantSep 21, 20232 minGAO Will Allow Consideration of Reasonably Related Additional Value in Evaluations of OffersA recent decision confirms that in a source selection, the Government Accountability Office (“GAO”) saw nothing unreasonable in giving...
R.D. Lieberman,ConsultantSep 15, 20233 minDon't Ask Questions--File a Proper Informal Agency Level ProtestIn a recent decision, the Government Accountability Office (“GAO”) reiterated the ground rules for the filing of an informal agency level...
R.D. Lieberman,ConsultantSep 11, 20232 minPerformance Risk is Instrinsic to Stated Evaluation FactorsIn a recent protest, the Government Accountability Office (“GAO”) held that although performance risk was not specifically listed as an...
R.D. Lieberman,ConsultantSep 11, 20233 minSum Certain Must Be Included in Claim, Not Later DiscoveryWhat happens if you submit a claim to a contracting officer (“CO”) but instead of including a “sum certain” as required by the Contract...
R.D. Lieberman,ConsultantAug 30, 20233 minFederal Circuit Holds that "Sum Certain" Requirement is Not Jurisdictional and Subject to ForfeitureReversing many years of precedent, on August 22, 2023, the Federal Circuit held the “sum certain” requirement for monetary claims is...
R.D. Lieberman,ConsultantAug 26, 20232 minAnother Non-Exercise of Options: No Bad Faith and No Violation of the CovenantIn another non-exercise of options by the government case, the Civilian Board held that there was no bad faith and no violation of the...