by Richard D. Lieberman, Consultant | Aug 3, 2021 | Claims and Remedies
By Richard D. Lieberman, Consultant The Assignment of Claims Act of 1940 (31 U.S.C. § 3727 & 41 U.S.C. § 6305), provides a financing mechanism somewhat similar to the “invoice factoring” used in commercial contracts. (In commercial contracts, in order to get...
by Richard D. Lieberman, Consultant | Jul 13, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Supreme Court narrowed the category of documents that must be released in response to a Freedom of Information Act (“FOIA”) request. United States Fish and Wildlife Serv. V. Sierra Club, Inc., 141 S. Ct. 777 (2021). The Court held that FOIA’s deliberative...
by Richard D. Lieberman, Consultant | Jul 6, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an implied-in-fact contract to fairly and honestly consider an offeror’s proposal in the procurement context. This was a question that had...
by Richard D. Lieberman, Consultant | Jun 22, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
One of the bedrock principles of the Contract Disputes Act (“CDA”) is that each claim by a contractor relating to a federal contract shall be submitted to the Contracting Officer (“CO”) for decision. 41 USC § 7103(a)(1). For a board or a Court to possess...
by Richard D. Lieberman, Consultant | Jan 19, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
On October 27, 2020, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) released its report on transactions and proceedings for fiscal year (“FY”) 2020. The report is interesting for its discussion, rather than the actual the case count. A total of 497...
by John Plinke | Nov 29, 2020 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Offers/Protests
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. If you do not need credit for the session, join for free at this link, using the code: NoCreditFree Here is a...
