by Richard D. Lieberman, Consultant | Aug 24, 2023 | Uncategorized
In another non-exercise of options by the government case, the Civilian Board held that there was no bad faith and no violation of the covenant of good faith and fair dealing. Brightwood Management Partners v. Dept of Veterans Affairs, CBCA 7351, March 1,... by Richard D. Lieberman, Consultant | Aug 17, 2023 | Uncategorized
The Federal Circuit has clarified the the government’s burden when it terminates a contract for default. In a decision vacating and remanding a Civilian Board of Contract Appeals case, the court held that the government must prove the contractor was in default... by Richard D. Lieberman, Consultant | Aug 10, 2023 | Uncategorized
In a recent “by-the-book” termination for convenience, the Armed Services Board concluded that even though there was a valid termination for convenience by the government, the full amount of the contract was owed to the contractor because of the language of the... by Richard D. Lieberman, Consultant | Aug 3, 2023 | Uncategorized
The Court of Federal Claims recently ruled that a breach of contract (i.e. a breach of the covenant of good faith and fair dealing, or “Covenant”) does not occur until a claim for an equitable adjustment is wrongly denied by a contracting officer. When such an... by Richard D. Lieberman, Consultant | Jul 27, 2023 | Uncategorized
Does a non-profit organization qualify as a “federal agency” for purposes of Government Accounting Office (“GAO”) protest jurisdiction? The GAO says that even though the organization receives federal funding for a procurement, it is not a federal agency....