R.D. Lieberman,ConsultantJul 15, 20212 minSupreme Court Expands Deliberative Process Exemption to FOIAThe Supreme Court narrowed the category of documents that must be released in response to a Freedom of Information Act (“FOIA”) request....
R.D. Lieberman,ConsultantJul 7, 20212 minCOFC Has Jurisdiction Over Implied In Fact Contract to Fairly and Honestly Consider a ProposalThe Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an...
R.D. Lieberman,ConsultantJul 7, 20212 minProving (and not proving) Your Claim with CertaintyIt is well-recognized that a party (either government or contractor) that seeks recovery of its incurred costs has “the burden of proving...
R.D. Lieberman,ConsultantJun 26, 20212 minBoard Has Not Jurisdiction to Consider New Claim Theories Not Presented to Contracting OfficerOne of the bedrock principles of the Contract Disputes Act (“CDA”) is that each claim by a contractor relating to a federal contract...
R.D. Lieberman,ConsultantJun 26, 20212 minLateness of Quote is Determined by Agency's ReceiptWhen dealing with quotations or offers for commercial items, the standard instructions for offerors make it clear that the submission...
R.D. Lieberman,ConsultantJun 7, 20212 minFailure to Prosecute a Case At the Boards of Contract AppealsBoth the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”) have a failure to...
R.D. Lieberman,ConsultantMay 26, 20212 minOffer Submitted in Name of Product is NonresponsiveRecently, in a small business set-aside, the Government Accountability Office (“GAO”) confirmed an agency’s finding that a protester’s...
R.D. Lieberman,ConsultantMay 26, 20213 minPlain Meaning RuleThe Contract Disputes Act permits either the government (with the prior approval of the Attorney General) or the contractor to appeal the...