by Public Contracting Institute | Nov 22, 2023 | Basic Principles/Authority to Contract, Bids & Proposals
While Congress has passed a Continuing Resolution (CR) that will keep some government agencies open until January 19th and others until February 2nd, contractors should not view this CR as “business as usual”. The timing, “laddered” approach, and disagreements on...
by Richard D. Lieberman, Consultant | Jan 26, 2021 | Basic Principles/Authority to Contract, Bids & Proposals
In two recent decisions, the Government Accountability Office (“GAO”) and the U.S. Court of Appeals for the Federal Circuit (“CAFC”) have clearly stated that indefinite delivery, indefinite quantity (“IDIQ”) contracts are contracts, but Blanket Purchase Agreements...
by Richard D. Lieberman, Consultant | Jul 14, 2020 | Basic Principles/Authority to Contract
In two recent cases, one before the Civilian Board of Contract Appeals (“CBCA”) and the other at the Federal Circuit, the contractors either failed to read their contract, or they ignored some basic contracting rules, like the plain meaning rule in contract...
by Richard D. Lieberman, Consultant | May 26, 2020 | Basic Principles/Authority to Contract
As used in Federal Acquisition Regulation (“FAR”) 52.233-1 (Disputes), a claim is a “ a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain…” What is a “sum certain?” Consider...
by Richard D. Lieberman, Consultant | Apr 14, 2020 | Basic Principles/Authority to Contract
A recent court case reconfirmed that neither a Contracting Officer’s Representative (“COR”) nor a head of an agency has lawful authority to award an implied-in-fact contract. Panther Brands, LLC and Panther Racing, LLC v. United States, No. 116-1157C (Fed. Claims...
by Richard D. Lieberman, Consultant | Sep 3, 2019 | Basic Principles/Authority to Contract
The Department of Energy (“DOE”) sought to pay only a portion of amounts that the Civilian Board of Contract Appeals (“CBCA”) had awarded to a contractor in a previous appeal (CBCA 3876). The CBCA had previously awarded CH2M $27.4 in incentive fees and $6 million for...
