by Richard D. Lieberman, Consultant | Dec 8, 2020 | Uncategorized
A recent decision of the Civilian Board of Contract Appeals (“CBCA”) demonstrates the importance of a contractor responding to government motions as provided in the Board Rules. In Carmazzi Global Solutions, Inc. v. Social Security Administration, CBCA 6264 et al.,... by Richard D. Lieberman, Consultant | Nov 24, 2020 | Uncategorized
In a recent Armed Services Board of Contract Appeals (“ASBCA”) case, the Board rejected the government’s right to remove a case where the government rescinded a final contracting officer’s decision based upon a late determination of fraud. Mountain... by Richard D. Lieberman, Consultant | Nov 17, 2020 | Uncategorized
The FAR is very clear that if an agency seeks to use the “brand name [or equal]” method of procurement, this essentially is a sole-source procurement that requires that the contracting officer prepare a supporting justification that is approved. FAR 11.105(a)(1),... by Richard D. Lieberman, Consultant | Nov 10, 2020 | Uncategorized
The Federal Debt Collection Act of 1982 (“DCA”), provides a way for agencies to offset a pre-existing, valid debt. Pursuant to the DCA the U.S. Government is authorized to “withhold[] funds payable by the United States…to satisfy a claim.” 31 U.S.C. § 3701(a)(1). “A... by Richard D. Lieberman, Consultant | Nov 3, 2020 | Uncategorized
A “course of dealing” is a “sequence of previous conduct between the parties to an agreement which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.” T&M Distribs., Inc., ASBCA No. 51405...