by Richard D. Lieberman, Consultant | Mar 19, 2019 | Terminations
A government termination for default is a drastic sanction which requires that the government produce solid evidence proving that the termination was reasonable and justified. If the government establishes a prima facie case of the contractor’s default, then the...
by Richard D. Lieberman, Consultant | Sep 11, 2018 | Terminations
During the Civil War, at the famous Andersonville Prison, on the inside of the stockade and twenty feet from it, there was a deadline established, over which no prisoner was allowed to go, day or night, under penalty of being shot. By the 1900s, the word “deadline”...
by Richard D. Lieberman, Consultant | Jan 23, 2018 | Terminations
The Armed Services Board of Contract Appeals (“ASBCA”) recently explained that a settlement of a termination for convenience must be based on the costs incurred by the contractor, not on either contract line item number (“CLIN”) prices or some type of jury verdict...
by Public Contracting Institute | Mar 15, 2017 | Terminations, The PCI Network
This episode of The PCI Network focuses on Suspension and Debarment. David Drabkin, Director and Faculty at PCI discusses, how to maintain compliance and avoid suspension and debarment. Mr. Drabkin is currently the Director of Acquisition Policy with Northrop Grumman...
by Richard D. Lieberman, Consultant | Oct 5, 2016 | Government Contracting, Terminations
The fixed price default clause at Federal Acquisition Regulation (“FAR”) 52.249-8(c) as well as the “excusable delays” clause in commercial item contracts at FAR 52.212-4(f) provide that a contractor shall not be liable for default in the event of “strikes.” The...
by Richard D. Lieberman, Consultant | Jun 28, 2016 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Subcontracting, Terminations
The Federal Circuit recently clarified that a contractor’s claim does not accrue until the exact amount (“sum certain”) of the claim is known to the contractor. Kellogg Brown & Root Serv., Inc. v. Murphy, No. 2015-1148 (Fed. Cir. May 18, 2016), 2016 WL 2893218....