by Richard D. Lieberman, Consultant | Jul 2, 2019 | Government Contracting
The Government Accountability Office (“GAO”) has recently confirmed that in a reverse auction conducted on behalf of an agency by FedBid (recently renamed “Unison Marketplace”), Fedbid serves as the government’s agent, and must comply with procedural requirements in... by Richard D. Lieberman, Consultant | May 14, 2019 | Government Contracting
What happens when an agency seeks to obtain a contractor’s signature on a modification, but the contractor is not happy with the prices/costs in the mod? The answer is that the agency must consider a written cover letter of objection (or protest), and if a request for... by Richard D. Lieberman, Consultant | Feb 26, 2019 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Government Contracting
ultant A recent case from the Armed Services Board of Contract Appeals (“ASBCA”) reminds us that the ASBCA, the Civilian Board of Contract Appeals, and the Court of Federal Claims cannot award punitive damages to a contractor. The recent case is John Shaw LLC d/b/a... by Richard D. Lieberman, Consultant | Feb 19, 2019 | Government Contracting
The author recently gave a webinar and published a paper on the differences between Requests for Equitable Adjustments (“REA”) and Claims. The paper was published in National Contract Management’s Contract Management December 2018 issue. This is a summary of the key... by Richard D. Lieberman, Consultant | Jan 1, 2019 | Government Contracting
Nearly 100 years ago, U.S. Supreme Court Justice Holmes wrote “Men must turn square corners when they deal with the Government.” Rock Island, Ark. & LA RR Co. v. United States, 254 U.S. 141, 143 (1920). About ten years later, 10th Circuit Judge McDermott added the... by Richard D. Lieberman, Consultant | Oct 16, 2018 | Government Contracting
Two recent cases at the Armed Services Board of Contract Appeals (“Board”) demonstrate the importance and reach of the covenant (implied duty) of good faith and fair dealing.” This duty has been described by the Court of Appeals for the Federal Circuit as follows:...