Articles in Magazines and Journals

-by Richard Lieberman

 

(Click to download article)

Basics

The Basics of Government Contracts-A Primer (2007)

Basics of Government Contracting (1992)

 

Bid Protests

Scorekeeping Bid Protests in Six Forums (1995)

Bid Protests at the Court of Federal Claims and GAO (1997)

Has the Court of Federal Claims Changed Bid Protests (1998)

Treading on the Same Rake-Learning From Agency Mistakes Identified in GAO Protest Decisions (NCMA Contr. Mgt. Jan. 2019)

 

Compliance Programs

Compliance Programs-They're Worth It (1999)

A Company Contract Compliance Program...How to Implement It (1993)

 

Mistakes

Ten Big Mistakes Made by Small Business and New Government Contractors (2015)

Ten Big Mistakes in Contract Bidding (2007)

Ten Big Mistakes n Contract Administration (2006)

 

Other

Do You Know the Differences Between Requests for Equitable Adjustment (REA) and Claims? (NCMA Cont. Mgt Dec.2018)

[How to] Reduce the Cost of Defense Systems (2001)

Incorrect Government Advice-Whom Should You Heed? (2016)

Practical Tips...On Criminal Investigations (2009)

The 'Criminalization' of Government Procurement (1993)

 

 

 

Selected Previous Articles (Date)

-by Richard Lieberman

 

(click to download blog)

Basic Principles/Authority to Contract

Always Read Your Opponent's Entire Protest (April 2016)

Anticipatory Repudiation: Good, Bad and Ugly (April 2016)
Are You a Volunteer? (Jan. 2016)

Conduct of Court Litigation Reserved to Department of Justice (Sept. 2017)

Contracting Officers:  Don't Make the Mistake of Violating the Covenant of Good Faith and Fair Dealing (Oct. 2018)

Contracting Officers: Don't Breach Your Contract by a Unilateral Modification of a Funding Clause (April 2017)

Contracting Officers: Don't Make the Mistake of Paying an Imposter (May 2018)

Contracting Officers: Meet Your Needs With Commercial Items First (Nov. 2018)

Contractors Have a Duty to Inquire About Wage and Fringe Benefits

Contracts Without Consideration: What is a "Nudum Pactum" (Jan. 2016)

Don't Forget the Christian Doctrine (Dec. 2018)

Don;t Forget to Reserve Any Claims in a Final Signed Release (April 2018)

Don't Make the Mistake of Thinking that the Entire Federal Acquisition Regulation (FAR) is Incorporated in Your Gov't Contract (Oct. 2017)

Don't Make the Mistake of Thinking that GAO Jurisdiction extends to Questions of Fiscal Law or the Anti-Deficiency Act. (Oct. 2018)

Department of Justice Evaluation Questions for Corporate Compliance Programs

Don't Accept Oral Advice or Oral Changes To a Solicitation (Jan. 2018)

GAO Approves New Best Value Method; Highest Technically Rated with Fair and Reasonable Price, Court of Fed Cl. Agrees (May 2017) 

Good Faith and Fair Dealing-Government Breach

Incorporation by Reference

Know About the Doctrine of Apparent Authority

Know When the Government Has Waived Your Contract Specifications (April 2018)

No Acceptance Means No Contract

No Derivative Sovereign Immunity If Contractor Violates Contract or Law (Jan. 2016)

One Truth About the Truth in Negotiations Act

Public Notice of Contracting Actions (March 2016)  

Ratification of Contracts (April 2016)

So You Think You've Got a Contract?(March 2016)

The Secret's In the Sauce-Why You Need the FAR (April 2016)

Use It or Lose It-A Primer (May 2016)

"You're Out of Luck Buddy" (No Extra-Contractual Relief) (April 2016)

 

Claims and Remedies

A Common Sense Analysis of What is a Claim (June 2017)

A Few Reminders About Contract Claims and Appeals (Feb. 2016)

Agencies: Request Supporting Data for a Claim at the Appropriate Time

Are You Entitled to an Equitable Adjustment (Oct. 2016)

A Tale of Two Appeals (August 2016)

Additional Cost is the Appropriate Measure for Differing Site Conditions (Feb. 2016)

Constructive Acceleration (July 2017)

Contractor Can Seek Payment for Work That was Invoiced and Accepted Prior to Default Termination (July 2017)

Claim Does Not Accrue Until "Sum Certain" Is Known by Contractor (June 2016)

Claim May Use Estimate to Arrive at "Sum Certain"

Don't Forget to Make and Sign The Certification for Your Claim

Don't Lose Your Claim Because of Your Own Neglect (August 2018)

Don't Make a Big Mistake When You Sign Your Claim or Certification (Dec. 2017)

Don't Make the Mistake of Filing an Incomplete (Improper) Claim or Appeal (Sept. 2017)

Don't Make the Mistake of Signing Away Your Rights (Oct. 2017)

Deemed Denial of Claims and How This Helps Contractors (March 2016)

It's Easy for a Small Business to Appeal a Denied Claim (May 2016)

Test Your Knowledge of Change Orders and Equitable Adjustments

Mistakes in Certifying Your Claim (Nov. 2018)

Must Your Claim be Certified by the Person Who Signed Your Contract

The Importance of Timely Notification of Intended Claims

Understand the Difference Between an REA and a Claim (Feb. 2019)

What is a Deadline; Why Do Government Contractors Care

When Timely Notice of an Intended Claim is Not Required (March 2016)

You Can Make a Defective but Correctible Claim Certification (March 2019)

 

Contract Administration Issues

 

Agencies Cannot Pro-Rate Invoices Unless the Contract So States (Feb. 2017)

Another Sad Story of Misplaced Reliance on a Contract Specialist and Improper Exercise of Options (May 2017)

Beware of Government "Best Efforts" on Options (Sept. 2016)

Can You Sell a Government Contract?

Consequences of Government Delay or Indecision (April 2016)

Contract Extensions Must Meet the Same Requirements as Contracts

Don't Make the Mistake of Allowing Your Contracting Officer to Use the Changes Clause to Change Terms and Conditions (Nov. 2017) 

Extensions May Go Beyond Contract Term

First Article Does Not Redefine Contract Specifications for Acceptance (April 2017)

Four Reasons Why Specifications Take Precedence Over Drawings (August 2017)

Government Acts In Bad Faith Differ from Breach of Contract

Government Waiver of Delivery Date

How Many Mistakes Can a Defense Logistics Agency Contracting Officer Make? (Jan. 2018)

How to Get Paid on Your Invoices (Jan. 2016)

In a Fixed-Price Contract, the Contractor Assumes the Risk of Higher Costs

Missing Deadlines in Contract Administration and Claims (Jan. 2016)

Noncommercial Clauses in RFQs for Commercial Items (Jan 2016)

One Truth About the Truth in Negotiations Act (Aug 2017)

Options: Unfettered Government Discretion

Sequestration: A Dozen Ways the Government Can Reduce or Eliminate Your Contract (August 2017)

The Government Controls the Options (Aug. 2016)

Test Your Knowledge of Changes and Equitable Adjustments (Jan 2016)

Unreasonable Post-Performance Actions by the Government (Nov. 2016)

Use Caution with Rubber Stamps (Nov. 2018)

Using Bridge Contracts-A Bridge to Trouble

Will An Employee Strike Excuse a Default? What is a Strike? (Oct. 2016)

 

Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals

CBCA Rejects an Egregious Interpretation of the Contract Disputes Act

Demystifying Appeals Before the Boards of Contract Appeals (Oct. 2016)

Gabions and Differing Site Conditions

Get It in Writing

Impossibility or Commercial Impracticability

Mistakes in the Forum for Service Contract/Davis-Bacon Act Issues (Aug. 2018)

New Contracting Officer is No Reason to Delay Decision on Claim (Feb. 2017)

Postal Service Contract Boilerplate May be Unenforceable and Contrary to Public Policy

Trapped by Technology: Proof of Filing

Who Decides Schedule Contract Disputes?

 

Evaluation of Offers in Accordance with the RFP

Agencies Must Treat Contractor's Fairly When Using RFQs (April 2016)

In Best Value Selection, Agencies Can't Ignore Price

Past Performance Information that is Too Close at Hand

Price:Reasonable versus Realistic

The FAR Unbalancing Act (May 2016)

 

Federal Supply Schedules

Can the Government Have Its Cake and Eat It Too with RFQs?

Don't Permit GSA to "Refresh" Your Multiple Award Schedule Without Considering the Need for an Equitable Adjustment (May 2018)

 

Formation/General

How Much Risk Can the Government Impose on You?

What is Institutional Ratification of a Contract?

You Normally Can ModifyAnything in Your Proposal During Revisions

 

Fraud

Caution:Claims are Subject to 3 Separate Fraud Sections

Prosecutorial Discretion

Supreme Court Adopts "Implied Certification" With Materiality Requirement

​

Government-Wide Topics

A Dozen Ways the Government Can Reduce or Eliminate Due to Sequestration

Agencies Cannot ProRate Invoices

 

Mistakes

Don't Make the Same Mistake Six Times (Jan. 2016)

Responses to RFQ are Not Offers: The RFQ Mistake (Jan 2016)

 

Offers/Protests

A Footnote About Discussions and Final Proposal Revisions (Oct. 2016)

A Repeated Mistake: Failure to Follow Proposal Instructions (Feb. 2019)

Agencies that Don't Look Beyond Adjectival Ratings in Source Selections are Making a Mistake (April 2019)

Agencies:  Don't Make the Mistake of Disqualifying a Proposal for Informational Deficiencies

Agencies May not Conduct Prejudicially Misleading Discussions

Bait and Switch: Many GAO Protests, Few Sustains (March 2016)

Brand Name Product Meets Brand Name or Equal Specification (Jan. 2016)

Can You Appeal a Bid Protest Decision of the GAO?

Claiming Costs of Pursuing Protests at the GAO (Feb. 2017)

Competitive Prejudice (March 2016)

Contracting Officers and Source Selections Officials Should Learn from Mistakes Identified in GAO Protests

Data Rights Clause In Solicitation Is Material (Jan. 2016)

Discretion of the Source Selection Authority to Change Ratings

Disparate Treatment in Evaluation of Offers (March 2017)

Don't Fail to Cure Any Material Omission in Your Final Revised Proposal (Feb. 2018)

Don't Fail to Take Corrective Action to Improve an Adverse Past Performance in Source Selection (Jan. 2018)

Don't Hurt Your Chances to Win In Your Final Proposal revisions (Sept. 2016)

Don't Make the Mistake of Failing to Extend Your Offer or Submitting a Protest (July 2018)

Don't Make a Material Misrepresentation In Your Proposal (March 2019)

Don't Mess with Page and Spacing Limitations in Proposals

Do you Know the DC Three Step?

Don't Believe Your Computer and Don't Make the Email Mistake (Jan. 2016)

Don't Permit Agencies to Place Unreasonable Restrictions on Quotes or Proposal Revisions (June 2018)

Everyone Wishes Agencies Would Comply, But ...(Debriefings, Jan 2017)

Failure to Acknowledge a Material Amendment, What is Material and How Do You make No Mistakes (June 2016)

GAO Dislikes Uncooperative Agencies and Inadequate Documentation (Jan. 2016)

GAO Warns Against Use of Flexible Ordering Agreements (Feb. 2016)

GAO Protest Sustains Increase in 2016 (Dec. 2016)

G.L. Christian & Associates v. the Lions (Feb. 2016)

Haste Makes Waste: Latent Solicitation Ambiguities (Feb. 2016)

Improperly Assigning Technical Risk to Two Evaluation Categories (March 2016)

In a GAO Protest, Don't Make the Mistake of failing to File Timely Comments on the Agency Report (Nov. 2017)

Is An Agency Making a Mistake by Allowing Only 44 Minutes to Respond to a Solicitation?

Knowingly Making False Statements to Obtain a Contract-Void Ab Initio Redux (Dec. 2016)

Lack of Advance Planning Is An Improper Reason to Use Noncompetitive Procedures (April 2016)

Missing Deadlines in Protests (Jan. 2016)

Offers Remain Open Even if "Unsuccessful" (Feb. 2017)

Once Again, Recurring Agency Mistakes in Discussions

Poorly Written Proposals-What Happens (Jan. 2017)

Protester's Failure to Rebut or Substantively comment (Feb. 2017)

Pricing Commercial Trash Pickup: By the Ton or by the Run (Feb. 2016)

--Reconsidering Trash Pickup by the Ton or by the Run (Aug.2016)

Six Recurring Agency Mistakes in Discussions (Feb. 2016)

Re-Recurring Agency Mistakes in Discussions (June 2017)

Technically Unacceptable is Unacceptable Regardless of Solicitation Type

The Consequences of Abusing the Protest Process (Nov. 2016)

The Debriefing Exception to Protest Timeliness at the GAO (Jan. 2016)

The Email Mistake in Proposal Submissions (Oct. 2017)

The Email Mistake-Redux (Dec. 2017)

To Protest or Not to Protest (Jan. 2016)

Unreasonable Limitations on Proposal Revisions During the Corrective Action Phase of Protests (July 2017)

What is a Predecessor Company for Past Performance Purposes? (March 2017)

When Correction of Mistake in Bid Will be Permitted (April 2019)

Where Do Action Officers Dream Up These Schemes?

Written Final Proposal Revisions are not Required in Competitions for Task Orders (July 2017)

You Forgot to Acknowledge a Solicitation Amendment -Disaster? (Jan. 2019)

 

Small Business

8(a) Contractors:  Don't Fail to Pay your Subcontractors

Don't Mistake a Business Controlled by a Man as "Woman-Owned" (Jan. 2018)

A Contract Partly Performed in the US triggers Small Business Set-Aside

Affidavits and Declarations are Generally Acceptable in Size Appeals

Affiliation Based on Identity of Interest: Common Investment or Economic Dependence (May 2016)

Don't Be Harmed by the "Present Effect" Rule (April 2019)

Don't Make the Mistake of Thinking There is a Formula for Fair Market Price in Set-asides (June 2018)

Lapsed SBA Mentor Protege Agreement Makes JV Firms Affiliated, No Longer "Small" (March 2016)

Ostensible Subcontractor (March 2016)

Ostensible Subcontractors: How to Know if You Are One (March 2016)

Prime May Violate Ostensible Subcontractor Rule Even if It Performs Primary and Vital Requirements of Contract (Aug. 2017)

Reminder: Alaska Native Corporations are Exempt from Certain Size Rules (Dec. 2016)

SBA's Newly Organized Concern Rule 

The Ostensible Subcontractor Rule, the "Team" and Avoiding Problems (March 2016)

Who is the Manufacturer In a Small Business Set-Aside? (August 2017)

 

Subcontracting

Privity and Why You need It

When Can A Subcontractor Sue the Government When the Prime Fails to Pay?

 

Terminations

A Few Pointers on Anticipatory Repudiation  

Commercial Item Contracts Require Cure Notices Before Term. for Cause (March 2016)

Don't Concede the Government's Case in Default Terminations (March 2019)

Excess Cost of Reprocurement

Was Your Delivery Date Waived and Is Your Default Termination Wrongful