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...
by Richard D. Lieberman, Consultant | Sep 29, 2020 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Subcontracting, Subcontracts
A recently considered size decision was remanded to the Area Office of the Small Business Administration (“SBA”) by the Office of Hearings and Appeals (“OHA”) because the Area Office failed to consider all aspects of the ostensible subcontractor rule. Contego...
by Richard D. Lieberman, Consultant | Sep 22, 2020 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Contract Modification
Although the Armed Services Board of Contract Appeals (“ASBCA”) and the Postal Service Board of Contract Appeals (“PSBCA”) accepts appeals that are filed with the Contracting Officer (not the Board) within 90 days, the Civilian Board of Contract Appeals (“CBCA”)...
by Richard D. Lieberman, Consultant | Sep 15, 2020 | Claims and Remedies, Contract Administration Issues, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Federal Circuit recently discussed the requirements of a “differing site conditions” claim under the appropriate contract clause. U.S Army Corps of Engineers v. John C. Grimberg, Co., Inc., No. 2019-1608 (Fed. Cir, June 9, 2020). The question in the case was...
by Richard D. Lieberman, Consultant | Sep 1, 2020 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Proposals
It is frequently the case that a proposal is rejected or downgraded because it fails to follow the requirements of the solicitation. Then there are situations where the agency itself fails to follow its own solicitation, and excludes portions of a proposal that the...
