by Richard D. Lieberman, Consultant | Jan 26, 2021 | Basic Principles/Authority to Contract, 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, Formation-General
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, Formation-General
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...
by Richard D. Lieberman, Consultant | Dec 18, 2018 | Basic Principles/Authority to Contract
Under the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if the Contracting Officer fails to include them. As readers of this blog know, under the “Christian Doctrine” a contract will be read...
