R.D. Lieberman,ConsultantDec 24, 20192 minMechanical Receipt of Agency Decision on Non-Business Day Does Not Trigger Constructive KnowledgeAs readers of this blog are aware, where a contractor initially files a protest at an agency, any subsequent protest to the Government...
R.D. Lieberman,ConsultantDec 20, 20192 minPostal Lies and Bad Faith Default TerminationThe Court of Federal Claims recently held a default termination by a U.S. Postal Service (“USPS”) Postmaster to be improper and in bad...
R.D. Lieberman,ConsultantDec 15, 20192 minSubmit Your Invoices on Time, or Risk Non-PaymentAnother sad story of a contractor who failed to comply with its contract, and lost its entire claim (amount not stated) for unpaid...
R.D. Lieberman,ConsultantDec 3, 20192 minGAO Protest Timeliness, Businessmen and LawyersIn a recent Government Accountability Office (“GAO”) bid protest, a contractor sought to be excused from the strict timeliness rules in...
R.D. Lieberman,ConsultantNov 29, 20193 minGovernment Can't Rely on Non-Credible Hearsay to Show Failure to Meet Contract SpecificationsIn a recent construction contract, the Government sought to rely on testimony from a contract manager who “heard [] from another...
R.D. Lieberman,ConsultantNov 29, 20193 minNo Magic Words or Form Are Needed for a ClaimIn an interesting reversal, the Federal Circuit reversed and remanded an Armed Services Board of Contract Appeals (“ASBCA” or “Board”)...
R.D. Lieberman,ConsultantNov 16, 20192 minWrongful Default, Lies by Contracting Officer's RepresentativeThe Court of Federal claims recently found the default termination of an Army contract for repair of an Air Force runway to be...
R.D. Lieberman,ConsultantOct 30, 20193 minDefense Contract Audit Agency 2018 ActivitiesOn March 31, 2019, the Defense Contract Audit Agency (“DCAA”) issued a report to Congress on its Fiscal Year (“FY”) 2018 Activities. The...
R.D. Lieberman,ConsultantOct 30, 20193 minDepartment of Justice Issues Guide for Commercial or Financial Information under FOIA In early October, this blog explained that The Supreme Court recently considered the Freedom of Information Act (“FOIA”) exemption at 5...
R.D. Lieberman,ConsultantOct 24, 20192 minAgency Improperly Allowed Large Awardee to Include Its Overhead and Profit in Small Business Calc.The Government Accountability Office (“GAO”) recently sustained a protest against a U.S. Air Force award where there was a specific...
R.D. Lieberman,ConsultantOct 17, 20192 minGAO and SBA Confirm that Runway Act Requires RulemakingIn a recent decision, the Government Accountability Office (“GAO”) confirmed the position of the Small Business Administration (“SBA”)...
R.D. Lieberman,ConsultantOct 12, 20192 minSupreme Court Eases the Definition of Confidential Commercial Information Exempt from FOIAThe Freedom of Information Act (5 USC 552, or “FOIA”) requires that upon request, an agency shall “shall make [] records promptly...
R.D. Lieberman,ConsultantOct 12, 20192 minGAO Lacks Jurisdiction Over Civilian Task Orders Valued at Less than $10 MillionThe Government Accountability Office (“GAO”) recently dismissed a bid protest on a civilian procurement where the task order’s value was...
R.D. Lieberman,ConsultantSep 25, 20192 minOfferors: Don't Introduce New Weaknesses in Proposals After DiscussionsIn a recent bid protest, the Army Corps of Engineers (“Corps”) identified and notified an offeror of 26 weaknesses in its proposal during...
R.D. Lieberman,ConsultantSep 20, 20193 minFinal Contracting Officer Decision on Claim Does Not Cure Lack of CertificationThe Civilian Board of Contract Appeals reinforced the statutory and regulatory framework for claims over $100,000 that lack certification...
R.D. Lieberman,ConsultantSep 20, 20193 minNo Unilateral Mistake Allowed in Woodies' Leases to GSAThe Court of Federal Claims held that the General Services Administration (“GSA”) could not recover and re-charge Woodies Holdings LLC...
R.D. Lieberman,ConsultantSep 7, 20193 minAgency Cannot Re-Litigate Issues Previously Decided in an Appeal On a ClaimThe Department of Energy (“DOE”) sought to pay only a portion of amounts that the Civilian Board of Contract Appeals (“CBCA”) had awarded...
R.D. Lieberman,ConsultantAug 31, 20192 minEven if Not Set Aside for Small Business, Sometimes a Contractor May Appeal the NAICS CodeA recent appeal of a North American Industry Classification System (“NAICS”) code demonstrates that there are certain circumstances where...
R.D. Lieberman,ConsultantAug 26, 20194 minDOJ Issues Guidance on False Claims Act Cooperation CreditThe Department of Justice ("DOJ") on May 7, 2019 issued new policy via the DOJ Manual pertaining to how it will award credit to...
R.D. Lieberman,ConsultantAug 15, 20192 minBreaking a Price Tie by Selecting a Higher Quality OfferIn a lowest-priced, technically acceptable acquisition by the Department of State using commercial item and simplified acquisition...