by Richard D. Lieberman, Consultant | Nov 20, 2024 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
A Blanket Purchase Agreement (“BPA”) is a “simplified method filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply. FAR 13.303-1(a). However, it is clear that a BPA alone is not a contract,...
by Edward Carroll | Oct 1, 2024 | A Government Contractor's Ten Commandments, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Subcontracting
Intellectual property (IP) is a big deal in government subcontracts. It’s important to know how to handle IP negotiations the right way. Here are some best practices that can help you succeed. Key Takeaways Best Practice Description Prepare Well Conduct IP...
by Public Contracting Institute | Apr 17, 2024 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
A recent case at the Federal Circuit explained the Parol Evidence Rule, and its application to potentially differing site conditions. Nova Group/Tutor-Saliba v. United States, No. 2022-1740 (Fed. Cir. Dec. 11, 2023). The U.S. Navy, awarded Nova Goup/Tutor Saliba...
by Richard D. Lieberman, Consultant | Apr 4, 2024 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
In a recent appeal of an Army Corps of Engineers (the “Corps”) termination for default, the Armed Services Board (“ASBCA” or “Board”) denied the Corps’ motion to dismiss the appeal for failure to state a claim upon which relief can be granted or, in the alternative,...
by Richard D. Lieberman, Consultant | Mar 28, 2024 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Contract Disputes Act (“CDA”), 41 USC §§ 7101-7109, requires both a claim and a contracting officer’s (“CO”) decision on a claim prior to making an appeal to a Board of Contract Appeals. FAR 2.101 defines a claim as “a written demand or written assertion by one...
by Richard D. Lieberman, Consultant | Mar 14, 2024 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, False Claims Act
False Claims Act (“FCA”) settlements and judgments exceeded $2.69 billion in fiscal year 2023, with Health and Human Services (“HHS”) and Health Care the leading area at $1.8 billion. The FCA imposes triple damages and penalties on individuals and companies who...
