by Richard D. Lieberman, Consultant | Apr 4, 2016 | Basic Principles/Authority to Contract
Can “impossibility” or “commercial impracticability” be used as a good defense to non-performance if the Government defaults your contract? Although they may sometimes be helpful, both defenses are difficult to maintain and win. This was recently demonstrated in... by Richard D. Lieberman, Consultant | Apr 1, 2016 | Basic Principles/Authority to Contract
One of best movies in the 1990s was “Fried Green Tomatoes,” a story about a depression era café named The Whistle Stop in a little town in Alabama. Kathy Bates and Jessica Tandy starred. The Whistle Stop was known for its barbecue, as well as its fried green tomatoes.... by Richard D. Lieberman, Consultant | Mar 31, 2016 | Uncategorized
A final decision on a claim by a contracting officer is a jurisdictional requirement for the Court of Federal Claims or a Board of Contract Appeals to consider an appeal of a contractor’s claim. Absent such a decision, neither the Court nor a Board will have... by Richard D. Lieberman, Consultant | Mar 30, 2016 | Uncategorized
A recent case at the Government Accountability Office (“GAO”) clearly establishes that the technical data rights clauses in a solicitation are material clauses. If an offeror takes exception to them, or attempts to limit them, the offer must be deemed unacceptable. ... by Richard D. Lieberman, Consultant | Mar 29, 2016 | Uncategorized
Sometimes the Government Accountability Office (“GAO”) unleashes its criticism on a protester, particularly when their arguments are completely illogical or contradictory. Every now and then the GAO heavily criticizes an agency not only for conducting a procurement...