by Richard D. Lieberman, Consultant | Jun 22, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
One of the bedrock principles of the Contract Disputes Act (“CDA”) is that each claim by a contractor relating to a federal contract shall be submitted to the Contracting Officer (“CO”) for decision. 41 USC § 7103(a)(1). For a board or a Court to possess... by Richard D. Lieberman, Consultant | Jun 8, 2021 | Uncategorized
When dealing with quotations or offers for commercial items, the standard instructions for offerors make it clear that the submission must “reach the government…by the time specified in the solicitation.” The actual time the offeror sends something (particularly when... by Richard D. Lieberman, Consultant | Jun 1, 2021 | Uncategorized
Both the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”) have a failure to prosecute rule. Both are simple: if a party fails to file required documents, or take other required actions, the board may dismiss a... by Richard D. Lieberman, Consultant | May 25, 2021 | Uncategorized
Recently, in a small business set-aside, the Government Accountability Office (“GAO”) confirmed an agency’s finding that a protester’s quotation was nonresponsive because it was submitted in the name of the product, not the company’s name. Innovative Quality... by Richard D. Lieberman, Consultant | May 18, 2021 | Uncategorized
The Contract Disputes Act permits either the government (with the prior approval of the Attorney General) or the contractor to appeal the decision of a Board of Contract Appeals (41 U.S.C. §7107(a)). Appeals are taken to the Court of Appeals for the Federal Circuit. ...