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...
by Richard D. Lieberman, Consultant | Apr 17, 2018 | Basic Principles/Authority to Contract
The General Services Administration (“GSA”) issued a new rule that makes it considerably easier for GSA Schedule contractors to supply “non-schedule” materials and services, which are now referred to as “Order-Level Materials” or “OLM”. 83 Fed. Reg 3275 (Jan. 24,...
by Richard D. Lieberman, Consultant | Apr 3, 2018 | Basic Principles/Authority to Contract, Government Contracting
Waiver: The voluntary relinquishment or abandonment—express or implied—of a legal right or advantage. Black’s Law Dict. (10th Ed. 2014) This blog has discussed situations where the government has waived a delivery schedule in a contract. See “How Many Mistakes Can A...
by Richard D. Lieberman, Consultant | Oct 5, 2017 | Basic Principles/Authority to Contract
The Federal Acquisition Regulation (“FAR”) is found in Title 48 of the Code of Federal Regulations. It consists of 37 Chapters (Chapter 1, some 2,000+ pages, which applies to all agencies, and then various agency supplements plus the Cost Accounting Standards). In...
by Richard D. Lieberman, Consultant | Sep 25, 2017 | Basic Principles/Authority to Contract, Claims and Remedies, Government Contracting
A recent Armed Services Board of Contract Appeals (“ASBCA”) decision is a strong reminder that contractors must submit complete and proper claims, or they will be dismissed by either the Contracting Officer or a board or court, if appealed to one of those forums....
by Richard D. Lieberman, Consultant | Sep 18, 2017 | Basic Principles/Authority to Contract
In a precedent-setting case, the Court of Federal Claims found that there was a good reason to award more than the minimum $125 hourly rate for attorney fees under the Equal Access to Justice Act (“EAJA”). In Starry Associates, Inc. v. United States, (Fed. Cl. No....