R.D. Lieberman,ConsultantDec 2, 20203 minBoard Again Refuses to Dismiss Claim Based on Late Fraud AllegationIn a recent Armed Services Board of Contract Appeals (“ASBCA”) case, the Board rejected the government’s right to remove a case where the...
R.D. Lieberman,ConsultantNov 18, 20202 minBrand Name or Equal Procurement Requires Justification & Approval in Simplified AcquisitionsThe FAR is very clear that if an agency seeks to use the “brand name [or equal]” method of procurement, this essentially is a sole-source...
R.D. Lieberman,ConsultantNov 16, 20203 minCourts Must Review Validity of Underlying Debt Before Offsetting Under Debt Collection ActThe Federal Debt Collection Act of 1982 (“DCA”), provides a way for agencies to offset a pre-existing, valid debt. Pursuant to the DCA...
R.D. Lieberman,ConsultantNov 9, 20203 minCourse of DealingA “course of dealing” is a “sequence of previous conduct between the parties to an agreement which is fairly to be regarded as...
R.D. Lieberman,ConsultantOct 27, 20204 minNot a ClaimContractors should use care when submitting an appeal to a Board of Contract Appeals or the Court of Federal Claims. Contractors must...
R.D. Lieberman,ConsultantOct 21, 20204 minContra Proferentem, Latent Ambiguity and Contractor Wins ClaimsThere is a long-standing rule in government contracting known as “contra preferentem” (against the drafter) which states that where there...
R.D. Lieberman,ConsultantOct 21, 20202 minAllegation of Fraud 16 Months After Claim Was Filed Does Not Divest Board of JurisdictionOne section of the Contract Disputes Act, 41 U.S.C. § 7103(c)(1), states that “[t]his section does not authorize an agency head to...
R.D. Lieberman,ConsultantOct 21, 20203 minUnderstanding a ReleaseGovernment contractors sometimes fail to recognize how difficult it is to “undo” a general release they have signed, typically at the end...