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...
by Richard D. Lieberman, Consultant | Nov 8, 2023 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
Strativia, LLC protested award of a task order to Field Data Technology (“FDT”) under a Department of Agriculture solicitation for support of a Retailer Service Center for Supplemental Nutrition Assistant Program (“SNAP”) benefits. (SNAP was previously known as the...
by Richard D. Lieberman, Consultant | Oct 4, 2023 | Claims and Remedies
When the government defaults a contract and seeks excess costs of reprocurement, this is a government claim against the contractor, and it is the government’s burden to prove the elements of the reprocurement costs as well as the actual amount of the excess costs. A...
by Richard D. Lieberman, Consultant | Jun 14, 2023 | Claims and Remedies, Uncategorized
Whenever an agency conducts discussions with offerors using negotiated procedures under Federal Acquisition Regulation (“FAR”) Part 15, the agency is required to provide all offerors that remain in the competition an opportunity to engage in meaningful discussions. ...