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Implications of Six Year Statute of Limitation for Submittal of Claims

by Richard D. Lieberman, Consultant | Dec 11, 2024 | Claims and Remedies

The Contract Disputes Act (CDA) includes a six year statute of limitations for submittal of claims.  41 U.S.C. § 7103(a)(4)(A). This section had been interpreted as a jurisdictional bar that caused many cases at the Boards and in the Court of Federal Claims to be...

Blanket Purchase Agreement Must Run Through Entire Term of Possible Order

by Richard D. Lieberman, Consultant | Nov 20, 2024 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals

A Blanket Purchase Agreement (“BPA”) is a “simplified method filling anticipated repetitive needs for supplies or services by establishing ‘charge accounts’ with qualified sources of supply.  FAR 13.303-1(a).  However, it is clear that a BPA alone is not a contract,...

Should There Be A Wage Adjustment For An Increase in A Local Minimum Wage?

by Richard D. Lieberman, Consultant | Oct 29, 2024 | Claims and Remedies

Does the Service Contract Act provide for an increase in contract wage prices when there is an upward adjustment in the local (county) minimum wage.  That’s the question in Didlake, Inc. v. General Services Administration, CBCA 7769, 7911, April 23, 2024.  Not...

Bordering on the Frivolous

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...

Ransomware and Jurisdiction

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....

Fact Free Arguments of a Contracting Officer

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)...
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