by Richard D. Lieberman, Consultant | Oct 18, 2023 | Uncategorized
A government waiver of a delivery date is an important potential defense against a termination for default. This is especially the situation where the contractor has failed to deliver the product in accordance with the contractually required delivery date. An...
by Richard D. Lieberman, Consultant | Oct 11, 2023 | Uncategorized
The General Services Administration (“GSA”) provides workplaces for federal workers by leasing and managing commercial real estate. GSA is authorized by 40 U.S.C. § 585 to enter into lease Agreements to accommodate Federal Agencies in buildings. The agency occupying...
by Richard D. Lieberman, Consultant | Oct 4, 2023 | Claims and Remedies
When the government defaults a contract and seeks excess costs of reprocurement, this is a government claim against the contractor, and it is the government’s burden to prove the elements of the reprocurement costs as well as the actual amount of the excess costs. A...
by Richard D. Lieberman, Consultant | Sep 21, 2023 | Uncategorized
A recent decision confirms that in a source selection, the Government Accountability Office (“GAO”) saw nothing unreasonable in giving credit to an offeror that exceeded the solicitation requirements but could provide value to the agency during contract performance. ...
by Richard D. Lieberman, Consultant | Sep 14, 2023 | Uncategorized
In a recent decision, the Government Accountability Office (“GAO”) reiterated the ground rules for the filing of an informal agency level protest (instead of filing a formal agency level protest set forth in Federal Acquisition Regulation (FAR 33.103). Byrd...