Public Contracting Institute Blog

Assuming that the Solicitation does not require that your proposal explicitly state your compliance with each and every Performance Work Statement (“PWS”) requirement, and your proposal does not take exception to any PWS requirement, is this sufficient to commit your...

Many people in the contracting world, including those in the Congress, have criticized the Lowest Price Technically Acceptable (“LPTA”) method of source selection.  The FAR includes a specific section that includes six criteria, all of which must be satisfied...

By Richard D. Lieberman, Consultant Federal Acquisition Regulation (“FAR”) 52.212-4(l) (Contract Terms and Conditions for Commercial Products and Commercial Services) states that: Termination for the Government’s convenience. The Government reserves the right to...

By Richard D. Lieberman, Consultant Both the U.S. Code and the Federal Acquisition Regulation (“FAR”) state a preference for commercial products and commercial services. The U.S. Code states that: “[t]he head of each executive agency shall ensure that procurement...

CAN A “SUM CERTAIN” BE FOUND IN THE CLAIM? By Richard D. Lieberman, Consultant and Retired Attorney Most of this blog’s readers know that in order to qualify under the Contract Disputes Act as a claim, the claim must: Be a written demand or written assertion, seeking...

By Richard D. Lieberman, Consultant The Implied Covenant of Good Faith and Fair Dealing says that “every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.” Restatement (Second) of Contracts $205 (1981). ...

By Richard D. Lieberman, Consultant Can an exchange of electronic documents (such as emails) between a contracting officer (“CO”) and a Contractor’s Contracts Manager create a binding contract modification?  The issue was recently explored by the Armed Services...

By Richard D. Lieberman, Consultant Does a board of contract appeals or the Court of Federal Claims have jurisdiction over a breach of a government contract government if negligence is alleged in a claim, or does the Federal Tort Claims Act (28 USC § 1346(b)) Control,...

By Richard D. Lieberman, Consultant When you read about best value (tradeoff) decisions in Government Accountability Office (“GAO”) bid protests, you may wonder why so many higher technically rated proposals with higher prices end up being selected for award.  In...

By Richard D. Lieberman, Consultant In an interesting case, the Armed Services Board of Contract Appeals (“ASBCA”) held that the government cannot unilaterally extend services under FAR 52.217-8 (Option to Extend Services) after an ineffective attempt to exercise an...