by Richard D. Lieberman, Consultant | Mar 29, 2023 | Uncategorized
By Richard Lieberman, Consultant On November 1, 2022, the Armed Services Board of Contract Appeals (“Board”) reported on its transactions and proceedings for FY 2022. The Board submits its report annually, pursuant to its Charter. The report covers FY 2018...
by Richard D. Lieberman, Consultant | Mar 22, 2023 | Uncategorized
By Richard D. Lieberman, Consultant and Retired Attorney On October 17, 2022, John M. Tenaglia, Principal Director, Defense Pricing and Contracting, issued a new Contracting Office Representative (“COR”) Guidebook. This guidance supplements the FAR mandates in FAR...
by Richard D. Lieberman, Consultant | Mar 15, 2023 | Uncategorized
Assuming that the Solicitation does not require that your proposal explicitly state your compliance with each and every Performance Work Statement (“PWS”) requirement, and your proposal does not take exception to any PWS requirement, is this sufficient to commit your...
by Richard D. Lieberman, Consultant | Mar 9, 2023 | Uncategorized
Many people in the contracting world, including those in the Congress, have criticized the Lowest Price Technically Acceptable (“LPTA”) method of source selection. The FAR includes a specific section that includes six criteria, all of which must be satisfied...
by Richard D. Lieberman, Consultant | Mar 1, 2023 | Uncategorized
By Richard D. Lieberman, Consultant Federal Acquisition Regulation (“FAR”) 52.212-4(l) (Contract Terms and Conditions for Commercial Products and Commercial Services) states that: Termination for the Government’s convenience. The Government reserves the right to...
by Richard D. Lieberman, Consultant | Feb 22, 2023 | Uncategorized
By Richard D. Lieberman, Consultant Both the U.S. Code and the Federal Acquisition Regulation (“FAR”) state a preference for commercial products and commercial services. The U.S. Code states that: “[t]he head of each executive agency shall ensure that procurement...
by Richard D. Lieberman, Consultant | Feb 15, 2023 | Uncategorized
CAN A “SUM CERTAIN” BE FOUND IN THE CLAIM? By Richard D. Lieberman, Consultant and Retired Attorney Most of this blog’s readers know that in order to qualify under the Contract Disputes Act as a claim, the claim must: Be a written demand or written assertion, seeking...
by Richard D. Lieberman, Consultant | Feb 8, 2023 | Uncategorized
By Richard D. Lieberman, Consultant 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). ...
by Richard D. Lieberman, Consultant | Feb 1, 2023 | Uncategorized
By Richard D. Lieberman, Consultant Can an exchange of electronic documents (such as emails) between a contracting officer (“CO”) and a Contractor’s Contracts Manager create a binding contract modification? The issue was recently explored by the Armed Services...
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,...
