R.D. Lieberman,Consultant
Jan 8, 20233 min read
Failure to Novate
The Assignment of Claims Act, 31 USC § 3727 and the Assignment of Contracts Act, 41 USC §6305 broadly prohibit transfers of contracts...

The Assignment of Claims Act, 31 USC § 3727 and the Assignment of Contracts Act, 41 USC §6305 broadly prohibit transfers of contracts...
In a January 26, 2022 blog, “Construction Contracts (But Not Service Contracts) May Exclude Wage Adjustment Clauses” this author...
A recent decision of the Civilian Board of Contract Appeals (“CBCA”) dismissed for lack of jurisdiction an appeal which was based on a...
In a recent protest, the Government Accountability Office (“GAO”) reaffirmed its approach to agency cancellations of a...
There may have been some doubt about whether the Court of Federal Claims (“CFC”) has bid protest jurisdiction over Other Transaction...
The Government Accountability Office (“GAO”) recently sustained a protest of an agency’s evaluation and source selection which made award...
The linchpin for appealing claims under the Contract Disputes Act is a Contracting Officer’s final decision and a contractor may not...
The Government Accountability Office (“GAO”) bid protest rules have tight deadlines for submitting timely protests. These rules also...
This blog has frequently explained that options in a government contract are exercisable at the government’s discretion, and there is...
Although the Federal Acquisition Regulation (“FAR”) requires that bidders be registered in the government’s System for Award Management...
Recently, in Cellebrite Inc., B-430371.2, April 28, 2022, the Government Accountability Office (“GAO”) discussed limitations on the scope...
DON’T RELY ON COMPUTER-GENERATED DELIVERY CONFIRMATIONS OF YOUR PROPOSAL This blog has discussed computer-generated confirmations of...
The Federal Circuit recently considered the “request requirement,” which is a contractor’s request for a final decision by the...
When an agency agrees to take corrective action in response to a protest, and re-evaluates offerors, does this constitute discussions? ...
A recent dispute involving three separate claims resulted in the Court of Federal Claims noting that “[w]hereas clauses are not...
Meaningful resolution of any bid protest, whether at the Court of Federal Claims or the Government Accountability Office (“GAO”), is...
The fifth amendment to the U.S. Constitution states that “[no person] shall be compelled in any criminal case to be a witness against...
In a recent size appeal filed at the Small Business Administration Office of Hearings and Appeals (“OHA”), the Office made it clear that...
The Court of Federal Claims recently considered whether and under what circumstances, the government may cancel a Federal Acquisition...
Just as a contractor may submit a claim arising from a government contract, so too may the government file a claim against a contractor...