by Richard D. Lieberman, Consultant | Oct 5, 2016 | Government Contracting, Terminations
The fixed price default clause at Federal Acquisition Regulation (“FAR”) 52.249-8(c) as well as the “excusable delays” clause in commercial item contracts at FAR 52.212-4(f) provide that a contractor shall not be liable for default in the event of “strikes.” The... by Richard D. Lieberman, Consultant | Oct 5, 2016 | Government Contracting
It is not possible to delineate all situations where a contractor is entitled to an equitable adjustment in price and/or time to perform the contract. However, under the Federal Acquisition Regulation (“FAR”), contractors are eligible for numerous different equitable... by Richard D. Lieberman, Consultant | Sep 7, 2016 | Government Contracting
A previous blog, “The Government Controls the Options,” makes clear that contractors cannot demand that the Government exercise an option in the contract, and that the Government has the sole right to exercise or not exercise the option. Two recent cases demonstrate... by Richard D. Lieberman, Consultant | Aug 23, 2016 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Government Contracting
Virtually all government contract options (for more quantities of goods, or for an extension of services), are generally priced unilateral options which the Government may exercise or not exercise at the Government’s discretion. When it does exercise an option, the... by Richard D. Lieberman, Consultant | May 6, 2016 | Government Contracting
Contractors frequently ask if they can sell or transfer (assign) their government contract to another company. The sale or assignment of a purely commercial contract is very common and well recognized at law. But for a Government contract, there are special rules. ... by Richard D. Lieberman, Consultant | Apr 28, 2016 | Government Contracting
The Uniform Commercial Code (“UCC”) was developed between 1942 and 1952 by the National Conference of Commissioners on Uniform State Law and the American Law Institute, with assistance from lawyers, judges, law professors, and businessmen, in order to simplify and...