by Richard D. Lieberman, Consultant | Sep 24, 2024 | Claims and Remedies
When should the Boards of Contract Appeals dismissal an appeal for failure to prosecute? In MLU Services, Inc. v. Dept of Homeland Security, CBCA 8002, March 22, 2024, the Board refused to sanction an appellant for missing a deadline by four days. The Board stated...
by Richard D. Lieberman, Consultant | Sep 18, 2024 | Claims and Remedies, Cybersecurity
A recent decision at the Court of Appeals for the Federal Circuit explains the timeliness requirement for appeal from a Board of Contract Appeals decision, and how it may be affected by Ransomware preventing email notification. Jemison & Partners, Inc. v....
by Richard D. Lieberman, Consultant | Sep 4, 2024 | Claims and Remedies
When a contractor submits a claim to a contracting officer (“CO”), there are two possible deadlines for a final decision: For claims of $100,000 or less, a decision must be made upon the contractor’s request within 60 days of receipt by the CO. 41 USC 7103(f)(1)...
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...
