by Richard D. Lieberman, Consultant | May 12, 2020 | Claims and Remedies
After a contract has been terminated for default, Federal Acquisition Regulation (“FAR”) 49.402-6 permits the agency to repurchase the same or similar services or supplies against the defaulted contractor’s account, as long as the supplies or services are still...
by Richard D. Lieberman, Consultant | Apr 7, 2020 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Fraud
The Federal Government in Fiscal Year 2019 recovered more than $3 billion in Civil False Claims Act settlements and judgments. This included $844 million in non-Qui Tam amounts and $2.2 billion in Qui Tam amounts. The relator’s share in FY 2019 amounted to $272...
by Richard D. Lieberman, Consultant | Nov 26, 2019 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
In a recent construction contract, the Government sought to rely on testimony from a contract manager who “heard [] from another government employee [that the contractor failed to meet the contract specification].” GSC Construction, Inc., ASBCA Nos 59046, 59957, July...
by Richard D. Lieberman, Consultant | Nov 19, 2019 | Claims and Remedies, Uncategorized
In an interesting reversal, the Federal Circuit reversed and remanded an Armed Services Board of Contract Appeals (“ASBCA” or “Board”) case dealing with the acceptable wording and format of a claim under the Contract Disputes Act. Hejran Hejrat Co., Ltd, v. United...
by Richard D. Lieberman, Consultant | Nov 5, 2019 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Court of Federal claims recently found the default termination of an Army contract for repair of an Air Force runway to be “improvident” and converted the default to a termination for convenience of the Government. Alutiiq Manufacturing Contractors, LLC v. United...
by Richard D. Lieberman, Consultant | Sep 17, 2019 | Claims and Remedies
The Civilian Board of Contract Appeals reinforced the statutory and regulatory framework for claims over $100,000 that lack certification when submitted to the Contracting Officer. Such claims are not proper “claims” under the Contract Disputes Act, and may be...
