by Richard D. Lieberman, Consultant | Jun 1, 2023 | Claims and Remedies, Uncategorized
BB Government Services Srl received a contract from the Air Force to construct an addition to Building 9109 at Aviano Air Base in Italy. BBS alleged that the existing structure could not support a new two-wing plenum gate required by the contract, and...
by Richard D. Lieberman, Consultant | May 10, 2023 | Claims and Remedies, Offers/Protests, Uncategorized
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2022 on November 2, 2022 (B-158766). The GAO actually received 1,658 protests in fiscal year (“FY”) 2022 but dismissed or immediately denied or...
by Richard D. Lieberman, Consultant | May 4, 2023 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
Cure Notice: The Civilian Board of Contract Appeals recently ruled that the Department of Veterans Affairs (“VA”) had improperly terminated two contracts for cause (default) because of a defective cure notice and the exercise of options that demonstrated that the...
by Richard D. Lieberman, Consultant | Aug 3, 2021 | Claims and Remedies
By Richard D. Lieberman, Consultant The Assignment of Claims Act of 1940 (31 U.S.C. § 3727 & 41 U.S.C. § 6305), provides a financing mechanism somewhat similar to the “invoice factoring” used in commercial contracts. (In commercial contracts, in order to get...
by Richard D. Lieberman, Consultant | Jul 13, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Supreme Court narrowed the category of documents that must be released in response to a Freedom of Information Act (“FOIA”) request. United States Fish and Wildlife Serv. V. Sierra Club, Inc., 141 S. Ct. 777 (2021). The Court held that FOIA’s deliberative...
by Richard D. Lieberman, Consultant | Jul 6, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an implied-in-fact contract to fairly and honestly consider an offeror’s proposal in the procurement context. This was a question that had...
