R.D. Lieberman,ConsultantMay 13, 20212 minTermination for Cause or Default are Gov't Claims, Not Subject to Presentment to Contracting OfficerNeither a termination for default, nor a termination for cause must be presented to the contracting officer (“CO”) prior to appealing to...
R.D. Lieberman,ConsultantMay 6, 20213 minUnless Protester Asks Questions in Extended Debrief the 5 Day Requirement in CICA AppliesA protester filed a bid protest on a Defense Department procurement at the Government Accountability Office (“GAO”) six days after...
R.D. Lieberman,ConsultantMay 4, 20212 minTerminating an Award if a Size Determination Finds An Awardee "Not Small"Suppose a size determination ultimately finds a contractor is “not small” but the award has already been made? (This is a distinct...
R.D. Lieberman,ConsultantApr 21, 20213 minCan a Request for Equitable Adjustment be Considered a Claim?Readers of this blog understand that there can be a difference between a Request for Equitable Adjustment (“REA”) and a claim under the...
R.D. Lieberman,ConsultantMar 31, 20212 minDiscussions-High Price or an Unreasonable High Price?Federal Acquisition Regulation (“FAR”) 15.306 states that negotiations with offerors in the competitive range are designed to “maximize...
R.D. Lieberman,ConsultantMar 24, 20213 minAdverse Inference in Size AppealsThe Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) has a very clear-cut set of guidelines for deciding...
R.D. Lieberman,ConsultantMar 17, 20213 minContracting Officer Must Consider Request for Equitable Adjustment In Good Faith and ReasonablenessThe Federal Circuit recently considered the Federal Acquisition Regulation (“FAR”) language which requires a Contracting Officer to...
R.D. Lieberman,ConsultantMar 13, 20212 minContractor May Use Legends to Restrict Data Rights of Non-U.S. Gov't Third PartiesThe Defense Federal Acquisition Regulation Supplement (“DFARS”) requires the inclusion of a clause in any contract in which noncommercial...