R.D. Lieberman,ConsultantOct 10, 20212 minPrice Realism Determination Not Required on Fixed-Price ContractThe Government Accountability Office (“GAO”) recently reiterated its prior holdings that unless there is a provision in the solicitation...
R.D. Lieberman,ConsultantOct 10, 20212 minCan You Bid Zero ($0) on a Fixed Priced Contract?The answer to the question in the title is “yes,” when bidding on a single Contract Line Item Number (“CLIN”) or the entire contract,...
R.D. Lieberman,ConsultantSep 23, 20212 minCan An Appeal to a Board Be Filed After the 90 Day Deadline?The Contract Disputes Act, 41 U.S.C. §§ 7101-7109 requires that a contractor appeal a contacting officer’s decision to an agency Board...
R.D. Lieberman,ConsultantSep 19, 20213 minMirror Image DoctrineWhat happens when a response to an offer does not match the terms offered? In common law this mismatch between offer and acceptances...
R.D. Lieberman,ConsultantSep 8, 20212 minUnequal Exchanges in Task Order CompetitionA significant number of competitions are held pursuant to task orders either issued under the Federal Supply Schedules (See Federal...
R.D. Lieberman,ConsultantSep 1, 20213 minRatification of an Unauthorized CommitmentAlthough the Government Contracting Officer contended that FireEye/Force 3 support services provided to the Dept. of Health and Human...
R.D. Lieberman,ConsultantAug 24, 20212 minMere Suspicion of Fraud Insufficient to Defeat Finding of Board JurisdictionWhat does it take to divest a Contracting Officer (“CO”) of his/her authority to decide or resolve claims? In a recent case at the...
R.D. Lieberman,ConsultantAug 18, 20212 minConstructive Change Ordered But There Were No DamagesIn a recent case at the Court Appeals for the Federal Circuit (“CAFC”), the Court concluded that the government ordered a constructive...