by Richard D. Lieberman, Consultant | May 29, 2024 | Claims and Remedies
A contractor cannot assert government caused delays in a subsequent default termination, unless it has filed a claim for a time extension. Windamir Dev., Inc., ASBCA No. 63461, Dec. 21, 2023. Windamir sought more than $1 million in alleged damages in its challenge of...
by Richard D. Lieberman, Consultant | May 15, 2024 | Claims and Remedies
The Armed Services Board of Contract Appeals (the “Board”) reminded the government that if it failed to raise jurisdictional issues (namely a sum certain requirement that should have been in the claim) before a hearing on the merits, it forfeited its right to...
by Public Contracting Institute | Apr 30, 2024 | Bids & Proposals, Claims and Remedies
Federal Acquisition Regulation (“FAR”) 15.306 deals with “Exchanges with offerors after receipt of proposals;” it is important to understand what is or is not required after receipt of proposals (but before selection for award), specifically pertaining to... 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 | Feb 21, 2024 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
Take a look at the ASBCA Claims Report 2023. The most recent report of the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”), issued on November 21, 2023, indicated a decline in the number of cases docketed in FY 2023, but an increase in the number of... by Richard D. Lieberman, Consultant | Jan 17, 2024 | Claims and Remedies
A recent straightforward case at the Court involving a claim that the Army breached its duty of good faith and fair dealing, as well as its implied duty to cooperate and not hinder resulted in a dismissal because it was beyond the statute of limitations. J. Star...