R.D. Lieberman,ConsultantSep 21, 20222 minWhereas Clauses are Not ContractualA recent dispute involving three separate claims resulted in the Court of Federal Claims noting that “[w]hereas clauses are not...
R.D. Lieberman,ConsultantSep 20, 20222 minAbsence of an Adequate Record: GAOMeaningful resolution of any bid protest, whether at the Court of Federal Claims or the Government Accountability Office (“GAO”), is...
R.D. Lieberman,ConsultantSep 9, 20222 minAdverse InferenceThe fifth amendment to the U.S. Constitution states that “[no person] shall be compelled in any criminal case to be a witness against...
R.D. Lieberman,ConsultantSep 2, 20223 minA Vague Email is Not a ProtestIn a recent size appeal filed at the Small Business Administration Office of Hearings and Appeals (“OHA”), the Office made it clear that...
R.D. Lieberman,ConsultantAug 30, 20224 minWhen Can An Agency Cancel a FAR Part 15 Procurement and Start from ScratchThe Court of Federal Claims recently considered whether and under what circumstances, the government may cancel a Federal Acquisition...
R.D. Lieberman,ConsultantAug 18, 20225 minThirteen Potential Government ClaimsJust as a contractor may submit a claim arising from a government contract, so too may the government file a claim against a contractor...
R.D. Lieberman,ConsultantAug 11, 20222 minCOVID and Sovereign Acts DoctrineUnder the right set of circumstances, the government will not be liable for obstructions to the performance of contracts resulting from...
R.D. Lieberman,ConsultantAug 11, 20223 minGovernment Breach of Payment ClauseIn an interesting case whose outcome is not yet finally determined, the Federal Circuit held that the Army materially breached a payment...