R.D. Lieberman,ConsultantDec 15, 20214 minExperience vs. Past Peformance, and What About Multiple Offers?Two recent Government Accountability Office (“GAO”) protest decisions highlighted once again the difference between an offeror’s...
R.D. Lieberman,ConsultantNov 25, 20213 minOption to Extend Services May Be Exercised Before Option to Extend Term of the ContractThis blog has repeatedly explained that options in a contract must be exercised by the government in strict accordance with the terms of...
R.D. Lieberman,ConsultantNov 25, 20212 minAgreed Upon Contract Terms Must Be EnforcedThere is a long line of precedent which has established that contract terms that are agreed upon by the parties must be enforced. See...
R.D. Lieberman,ConsultantNov 25, 20213 minClaim Accrues When Injury Occurs, Not When Monetary Damages Are IncurredThe Armed Services Board of Contract Appeals (“ASBCA”) recently held that the accrual of a claim occurs when some injury has occurred to...
R.D. Lieberman,ConsultantNov 5, 20213 minWhere Fraud is Alleged in the Contract but not the Claim itself, Board Has JurisdictionIn a jurisdictional case, the Armed Services Board of Contract Appeals again reaffirmed that it had jurisdiction to consider claims when...
R.D. Lieberman,ConsultantOct 30, 20212 minThe Sovereign Acts DoctrineBecause COVID-19 cases are raging in the United States, there may be more claims and Requests for Equitable Adjustment (“REAs”) relating...
R.D. Lieberman,ConsultantOct 21, 20212 minSBA Reports $245.7 Billion In Prime Contract Awards And $82.8 Billion In Subcontract Award in 2020Each fiscal year, the Small Business Administration (“SBA”) reports on achievement of procurement goals, as required by Section 15(g) of...
R.D. Lieberman,ConsultantOct 14, 20214 minLate Revocation of AcceptanceA recent Board case demonstrates that the government may revoke acceptance of a product, but that revocation must be made within a...