by Richard D. Lieberman, Consultant | Feb 8, 2023 | Uncategorized
The Implied Covenant of Good Faith and Fair Dealing says that “every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.” Restatement (Second) of Contracts $205 (1981). The implied covenant prohibits... by Josh Pina | Feb 2, 2023 | Uncategorized
Hello and thank you for joining us for our first two Episodes of Fun with the FAR Season 10!Our next session will cover: Part 5 (Publicizing Contract Actions) and Part 6 (Competition Requirements)As we prepare for next week’s third episode of Season 10, here are... by Richard D. Lieberman, Consultant | Feb 1, 2023 | Uncategorized
Can the exchange of electronic documents (e.g., emails) between a Contracting Officer (“CO”) and a contractor’s Contracts Manager create a binding contract modification? The question was recently addressed by the Armed Services Board in Dawson Tech.... by Richard D. Lieberman, Consultant | Jan 25, 2023 | Uncategorized
By Richard D. Lieberman, Consultant Does a board of contract appeals or the Court of Federal Claims have jurisdiction over a breach of a government contract government if negligence is alleged in a claim, or does the Federal Tort Claims Act (28 USC § 1346(b)) Control,... by Josh Pina | Jan 19, 2023 | Uncategorized
Welcome back to Fun with the FAR, thank you for joining us for our first Episode of Fun with the FAR Season 10!Our second session will cover: Part 3 (Improper Business Practices and Personal Conflicts of Interest) The Office of Government Ethics (OGE) is the... by Richard D. Lieberman, Consultant | Jan 18, 2023 | Uncategorized
By Richard D. Lieberman, Consultant When you read about best value (tradeoff) decisions in Government Accountability Office (“GAO”) bid protests, you may wonder why so many higher technically rated proposals with higher prices end up being selected for award. In...