R.D. Lieberman,ConsultantSep 2, 20163 minBeware of Government "Best Efforts" on OptionsA previous blog, “The Government Controls the Options,” makes clear that contractors cannot demand that the Government exercise an option...
R.D. Lieberman,ConsultantAug 29, 20165 minThe Government Controls the OptionsVirtually all government contract options (for more quantities of goods, or for an extension of services), are generally priced...
R.D. Lieberman,ConsultantAug 21, 20164 minA Tale of Two AppealsThis blog discusses two contractors who sought to appeal a contracting officer’s final decision on their claims, which final decisions...
R.D. Lieberman,ConsultantAug 17, 20162 minClaim May Use Estimates to Arrive at "Sum Certain"This blog recently discussed a Federal Circuit decision which held that a contractor’s claim does not accrue until the exact amount (“sum...
R.D. Lieberman,ConsultantAug 4, 20162 minReconsidering Trash Pickup By the Ton or By the RunIn a recent blog post, “Pricing Commercial Trash Pickup: By The Ton Or By The Run?”, this blog discussed a protest where the Army sought...
R.D. Lieberman,ConsultantJul 18, 20163 minSupreme Court Adopts "Implied Certification" With Materiality RequirementIn mid-June, the U.S. Supreme Court adopted the “implied false certification” theory of liability, which treats a contractor’s invoice or...
R.D. Lieberman,ConsultantJul 13, 20163 minPostal Service Contract Boilerplate May Be Unenforceable and Contrary to Public PolicyIn a recent decision by the Court of Federal Claims, the Court refused to dismiss a case over a terminated U.S. Postal Service (“USPS”)...
R.D. Lieberman,ConsultantJun 30, 20163 minClaim Does Not Accrue Until "Sum Certain" is Known by ContractorThe Federal Circuit recently clarified that a contractor’s claim does not accrue until the exact amount (“sum certain”) of the claim is...