by Richard D. Lieberman, Consultant | Mar 9, 2023 | Uncategorized
Many people in the contracting world, including those in the Congress, have criticized the Lowest Price Technically Acceptable (“LPTA”) method of source selection. The FAR includes a specific section that includes six criteria, all of which must be satisfied when an... by Richard D. Lieberman, Consultant | Mar 1, 2023 | Uncategorized
Federal Acquisition Regulation (“FAR”) FAR 52.212-4(l) (Contract Terms and Conditions for Commercial Products and Commercial Services) states that: FAR 52.212: Termination for the Government’s convenience. The Government reserves the right to terminate this contract,... by Richard D. Lieberman, Consultant | Feb 22, 2023 | Uncategorized
FAR 12.301: Both the U.S. Code and the Federal Acquisition Regulation (“FAR”) state a preference for commercial products and commercial services. The U.S. Code states that: “[t]he head of each executive agency shall ensure that procurement officials in that executive... by Richard D. Lieberman, Consultant | Feb 15, 2023 | Uncategorized
CAN A “SUM CERTAIN” BE FOUND IN THE CLAIM? By Richard D. Lieberman, Consultant and Retired Attorney Most of this blog’s readers know that in order to qualify under the Contract Disputes Act as a claim, the claim must: Be a written demand or written assertion, seeking... by Richard D. Lieberman, Consultant | Feb 8, 2023 | Uncategorized
The Implied Covenant of Good Faith and Fair Dealing says that “every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.” Restatement (Second) of Contracts $205 (1981). The implied covenant prohibits...