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...
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...
