by Richard D. Lieberman, Consultant | Oct 27, 2020 | Uncategorized
Contractors should use caution when submitting an appeal to a Board of Contract Appeals or the Court of Federal Claims. Contractors must ensure that there is an underlying claim, pursuant to the Contract Disputes Act (“CDA”) that they can appeal. One recent... by Richard D. Lieberman, Consultant | Oct 20, 2020 | Uncategorized
There is a long-standing rule in government contracting known as “contra preferentem” (against the drafter) which states that where there is an ambiguity in a contract, it will be interpreted against the party who proffers (drafts and offers) the contract. The... by Richard D. Lieberman, Consultant | Oct 13, 2020 | Uncategorized
One section of the Contract Disputes Act, 41 U.S.C. § 7103(c)(1) states that “[t]his section does not authorize an agency head to settle, compromise, pay or otherwise adjust any claim involving fraud.” Similar language is found in FAR 33.210(b) which states that... by Richard D. Lieberman, Consultant | Oct 6, 2020 | Uncategorized
Government contractors sometimes fail to recognize how difficult it is to “undo” a general release they have signed, typically at the end of their contract. (The government often forgets or ignores this as well and seeks to pursue a contractor after it has signed a... by Richard D. Lieberman, Consultant | Sep 29, 2020 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Subcontracting
A recently considered size decision was remanded to the Area Office of the Small Business Administration (“SBA”) by the Office of Hearings and Appeals (“OHA”) because the Area Office failed to consider all aspects of the ostensible subcontractor rule. Contego...