by Richard D. Lieberman, Consultant | May 3, 2016 | Basic Principles/Authority to Contract
Government contractors must understand that there are certain times when a government contract is void ab initio¸ which means that the contract is null and void from the very beginning. A recent case demonstrates that a contract that is tainted by fraud or wrongdoing... by Richard D. Lieberman, Consultant | Apr 27, 2016 | Basic Principles/Authority to Contract
Many contractors do not fully understand the implications of a “firm-fixed-price” contract. Agility Defense and Government Services, Inc. (formerly Taos Industries, Inc.) learned the hard way. Agility Def. & Gov’t Svcs., 115 Fed. Cl. 247 (2014). Agility had a... by Richard D. Lieberman, Consultant | Apr 26, 2016 | Basic Principles/Authority to Contract
The Acting Secretary of the Army recently issued Army Directive 2016-16, “Changing Management Behavior: Every Dollar Counts,” April 15, 2016. The purpose was to “be innovative and good stewards of taxpayer dollars” and to “adapt financial management practices and... by Richard D. Lieberman, Consultant | Apr 20, 2016 | Basic Principles/Authority to Contract
A recent Court of Federal Claims case provides some clarification on when and how a subcontractor may sue the government and recover, when the prime contractor fails to pay it. G4S Technology LLC v. United States, No. 12-8C, (Fed. Cl. Feb. 11, 2014). It is the... by Richard D. Lieberman, Consultant | Apr 15, 2016 | Basic Principles/Authority to Contract
Readers are aware that many disappointed bidders submit their initial bid protest to the GAO, but if they lose, they can take their case to the Court of Federal Claims (“COFC”). But is this an appeal? The short answer is “no,” because the GAO is not a court nor are... by Richard D. Lieberman, Consultant | Apr 4, 2016 | Basic Principles/Authority to Contract
Can “impossibility” or “commercial impracticability” be used as a good defense to non-performance if the Government defaults your contract? Although they may sometimes be helpful, both defenses are difficult to maintain and win. This was recently demonstrated in...