by Richard D. Lieberman, Consultant | Aug 17, 2021 | Uncategorized
By Richard D. Lieberman, Consultant In a recent case at the Court Appeals for the Federal Circuit (“CAFC”), the Court concluded that the government ordered a constructive change, but the contractor received no compensation because it failed to prove that it suffered... by Public Contracting Institute | Aug 12, 2021 | Uncategorized
DID YOU KNOW? Per FAR 35.007, a FAR Part 35 Research and Development (R&D) procurement is not subject to standard FAR Part 5 publication or FAR Part 6 “full and open” requirements. This is due to the government’s desire to save time and money and... by Richard D. Lieberman, Consultant | Aug 10, 2021 | Uncategorized
By Richard D. Lieberman, Consultant The Federal Acquisition Regulation (“FAR”) states that “purchases shall be made from, and contracts shall be awarded to, responsible contractors only…No purchase or award shall be made unless the contracting officer makes an... by Richard D. Lieberman, Consultant | Jul 27, 2021 | Uncategorized
By Richard D. Lieberman, Consultant The Army’s advising an offeror that its proposed price exceeded the amount of funds available for the contract was not misleading, according to the Government Accountability Office (“GAO”). Zodiac-Poettker HBZ JV, LC, B-419292,... by Richard D. Lieberman, Consultant | Jul 20, 2021 | Uncategorized
Two previous blogs have discussed Hejran Hejrat Co. Ltd., v. U.S. Army Corps of Engineers, 930 F.3d1354 (Fed. Cir. 2019), and considered exactly what is needed for a contractor’s submission to be a “claim” under the Contract Disputes Act (“CDA”). See “No Magic Words... by Richard D. Lieberman, Consultant | Jun 29, 2021 | Uncategorized
By Richard D. Lieberman, Consultant It is well-recognized that a party (either government or contractor) that seeks recovery of its incurred costs has “the burden of proving the amount…with sufficient certainty so that the determination of the amount…will be more than...