by Richard D. Lieberman, Consultant | May 10, 2017 | Basic Principles/Authority to Contract
Black’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of another separate document by referring to the former in the latter, and declaring that the former shall be taken and considered as a part... by Richard D. Lieberman, Consultant | May 3, 2017 | Evaluation of Offers in Accordance with the RFP or IFB
The Government Accountability Office (“GAO”) recently deemed as permissible the use of the “highest technically rated offerors with a fair and reasonable price” evaluation scheme in order to achieve best value. Sevatec, Inc. et al., B-413559.3 et al, Jan. 11, 2017. In... by Richard D. Lieberman, Consultant | Apr 25, 2017 | Ethics in Government Contracting
In early February 2017, the Fraud Section of the Department of Justice (“DOJ”) Criminal Division issued an eight page paper on how DOJ evaluates corporate compliance programs. Those programs are one of the factors used by DOJ in conducting investigations of... by Richard D. Lieberman, Consultant | Apr 19, 2017 | Claims and Remedies
FIRST ARTICLE DOES NOT REDEFINE CONTRACT SPECIFICATIONS FOR ACCEPTANCE. In a long and complex case, the Armed Services Board of Contract Appeals (“ASBCA”) recently explained that a First Article Test (“FAT”) does not add product specifications above those detailed in... by Richard D. Lieberman, Consultant | Apr 12, 2017 | Basic Principles/Authority to Contract
In a timber sale contract (where the government contractor cuts down timber and sells it, presumably at a profit), the Civilian Board of Contract Appeals (“CBCA”) concluded that there was “no contractual provision that would relieve appellant of its obligations to pay...