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Government Contracting Blog

(See also the articles page of this site)

Whereas Clauses are Not Contractual

A recent dispute involving three separate claims resulted in the Court of Federal Claims noting that “[w]hereas clauses are not...

Absence of an Adequate Record: GAO

Meaningful resolution of any bid protest, whether at the Court of Federal Claims or the Government Accountability Office (“GAO”), is...

Adverse Inference

The fifth amendment to the U.S. Constitution states that “[no person] shall be compelled in any criminal case to be a witness against...

A Vague Email is Not a Protest

In a recent size appeal filed at the Small Business Administration Office of Hearings and Appeals (“OHA”), the Office made it clear that...

Thirteen Potential Government Claims

Just as a contractor may submit a claim arising from a government contract, so too may the government file a claim against a contractor...

COVID and Sovereign Acts Doctrine

Under the right set of circumstances, the government will not be liable for obstructions to the performance of contracts resulting from...

Government Breach of Payment Clause

In an interesting case whose outcome is not yet finally determined, the Federal Circuit held that the Army materially breached a payment...

No Duress in Signing a Waiver

An interesting case concerning waivers was recently decided by the Court of Federal Claims. Cornelio Salazar d/b/a USA Ranch v. United...

Untimely Receipt of an Appeal-Fedex Delivery

A recent Civilian Board of Contract Appeals decision reminds us all of the jurisdictional nature of filing an appeal with the Board...

Incorporation by Reference

Incorporation by Reference “provides a method for integrating material from various documents into a host document…by citing such...

Ignoring A Board Order: Failure to Prosecute

Both the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”) have clear rules that...

Confidence Decreasers

In a recent technical evaluation in a procurement by the Department of Homeland Security for cybersecurity services, instead of assigning...

Constructive Notice of Award

Should you read the Governmentwide point of entry (“GPE”) every day? Of course, if you have an offer pending. The GPE is considered...

Are Unpaid Promissory Notes "Incurred Costs?"

In an interesting case, the Armed Services Board of Contract Appeals (“ASBCA”) was asked to rule on a government claim seeking to deny...

The website of Richard Donald Lieberman, a government contracts consultant and retired attorney who is the author of both "The 100 Worst Mistakes in Government Contracting" (with Jason Morgan) and "The 100 Worst Government Mistakes in Government Contracting." Richard Lieberman concentrates on Federal Acquisition Regulation (FAR) consulting and training, including  commercial item contracting (FAR Part 12), compliance with proposal requirements (FAR Part 15 negotiated procurement), sealed bidding (FAR Part 14), compliance with solicitation requirements, contract administration (FAR Part 42), contract modifications and changes (FAR Part 43), subcontracting and flowdown requirements (FAR Part 44), government property (FAR Part 45), quality assurance (FAR Part 46), obtaining invoiced payments owed to contractors,  and other compliance with the FAR. Mr.Lieberman is also involved in numerous community service activities.  See LinkedIn profile at https://www.linkedin.com/in/richard-d-lieberman-3a25257a/.This website and blog are for educational and information purposes only.  Nothing posted on this website constitutes legal advice, which can only be obtained from a qualified attorney. Website Owner/Consultant does not engage in the practice of law and will not provide legal advice or legal services based on competence and standing in the law. Legal filings and other aspects of a legal practice must be performed by an appropriate attorney. Using this website does not establish an attorney-client relationship. Although the author strives to present accurate information, the information provided on this site is not guaranteed to be complete, correct or up-to-date.  The views expressed on this blog are solely those of the author. FAR Consulting & Training, Bethesda, Maryland, Tel. 202-520-5780, rliebermanconsultant@gmail.com

Copyright © 2024 Richard D. Lieberman

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