by Richard D. Lieberman, Consultant | Apr 22, 2016 | Government Contracting
In order to bring an appeal of a claim before the Court of Federal Claims or a Board of Contract Appeals, that claim must be presented to the contracting officer for decision. The claim must be specific enough to give the officer notice of the basis of the claim and... by Richard D. Lieberman, Consultant | Apr 18, 2016 | Government Contracting
A recent Federal circuit case, Metcalf Const. Co, Inc. v. United States, No. 2013-5041 (Fed Cir. Feb. 11, 2014), explains in some detail the covenant of good faith and fair dealing. The covenant is important because it impose reasonable duties on both the government... by Richard D. Lieberman, Consultant | Apr 14, 2016 | Government Contracting
Government contracting officers frequently seek to make a unilateral unilateral modification, but insist that it be “no-cost,” i.e., there will be no equitable adjustment in the contract price as permitted by the changes clause (FAR 52.243-1). The Army even came up... by Richard D. Lieberman, Consultant | Apr 11, 2016 | Government Contracting
This blog has frequently explained that generally, the government can only be bound contractually by a person with actual authority, normally a written delegation of authority known as a “warrant,” hence use of the term “warranted contracting officer” (e.g., Dept of... by Richard D. Lieberman, Consultant | Mar 9, 2016 | Government Contracting
You are a construction company that receives a contract to modernize the Internal Revenue Service center. Among other things, the contract requires you to provide a security system. As explained below, the security cabling for that system is required to be... by Richard D. Lieberman, Consultant | Feb 25, 2016 | Government Contracting
The Civilian Board of Contract Appeals recently considered the appropriate measure for claims under the differing site conditions clause of the Federal Acquisition Regulation (“FAR”). Tucci and Sons, Inc. v. Dept of Transportation, CBCA 4779, Feb. 18, 2016. The appeal...