R.D. Lieberman,ConsultantSep 15, 20233 minDon't Ask Questions--File a Proper Informal Agency Level ProtestIn a recent decision, the Government Accountability Office (“GAO”) reiterated the ground rules for the filing of an informal agency level...
R.D. Lieberman,ConsultantSep 11, 20232 minPerformance Risk is Instrinsic to Stated Evaluation FactorsIn a recent protest, the Government Accountability Office (“GAO”) held that although performance risk was not specifically listed as an...
R.D. Lieberman,ConsultantSep 11, 20233 minSum Certain Must Be Included in Claim, Not Later DiscoveryWhat happens if you submit a claim to a contracting officer (“CO”) but instead of including a “sum certain” as required by the Contract...
R.D. Lieberman,ConsultantAug 30, 20233 minFederal Circuit Holds that "Sum Certain" Requirement is Not Jurisdictional and Subject to ForfeitureReversing many years of precedent, on August 22, 2023, the Federal Circuit held the “sum certain” requirement for monetary claims is...
R.D. Lieberman,ConsultantAug 26, 20232 minAnother Non-Exercise of Options: No Bad Faith and No Violation of the CovenantIn another non-exercise of options by the government case, the Civilian Board held that there was no bad faith and no violation of the...
R.D. Lieberman,ConsultantAug 21, 20232 minDefault Termination-the Correct Standard of ReviewThe Federal Circuit has clarified the government’s burden when it terminates a contract for default. In a decision vacating and...
R.D. Lieberman,ConsultantAug 17, 20233 minFull Performance of Commercial Contract Term. for Convenience Requires Full PaymentIn a recent “by-the-book” termination for convenience, the Armed Services Board concluded that even though there was a valid termination...
R.D. Lieberman,ConsultantAug 17, 20232 minBreach of Covenant Need Not be Submitted to CO with Equitable Adjustment ClaimThe Court of Federal Claims recently ruled that a breach of contract (i.e. a breach of the covenant of good faith and fair dealing, or...