Dick Lieberman,ConsultantDec 22, 20183 minDon't Forget the Christian DoctrineUnder the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if th...
Dick Lieberman,ConsultantNov 12, 20183 minContracting Officers: Meet Your Needs with Commercial Items FirstIn 1994, the Congress passed the Federal Acquisition Streamlining Act (“FASA”), Pub. L. No. 103-355, and included, codified as amended at...
Dick Lieberman,ConsultantOct 29, 20182 minDon't Make the Mistake of Thinking that GAO Jurisdiction Extends to Questions of Fiscal Law or tThe Government Accountability Office (“GAO”) has bid protest jurisdiction of violations of procurement laws and regulations, and does not...
Dick Lieberman,ConsultantOct 18, 20185 minContracting Officers: Don't Make the Mistake of Violating the Covenant of Good Faith and Fair DTwo recent cases at the Armed Services Board of Contract Appeals (“Board”) demonstrate the importance and reach of the covenant (implied ...
Dick Lieberman,ConsultantMay 23, 20182 minContracting Officers: Don't Make The Mistake of Paying an ImposterAn Air Force contracting officer (“CO”) receives an email referencing Contract No. H92237-13-C-5002 (the “Contract”) for general labor se...
Dick Lieberman,ConsultantApr 29, 20182 minDon't Forget to Reserve Any Claims in A Final Signed ReleaseOnce again, a contractor was barred from raising future claims on a contract where the same contractor had executed a final release that ...
Dick Lieberman,ConsultantApr 15, 20184 minContracting Officers: Don't Breach Your Contract by Unilateral Modification of a Funding ClauseThis blog recently discussed the limits of the use of the Changes Clause in a contract, noting that the clauses at Federal Acquisition Re...
Dick Lieberman,ConsultantApr 4, 20183 minKnow When the Government Has Waived The Contract SpecificationsWaiver: The voluntary relinquishment or abandonment – express or implied—of a legal right or advantage. Black’s Law Dict. (10th Ed. 201...
Dick Lieberman,ConsultantJan 17, 20183 minDon't Accept Oral Advice or Oral Changes to a SolicitationThis blog has frequently frowned on any government contractor taking oral advice from any government official, even a contracting officer...
Dick Lieberman,ConsultantJan 6, 20182 minHow Many Mistakes Can a Defense Logistics Agency Contracting Officer Make?A Defense Logistics Agency (“DLA”) contracting officer (“CO”) terminated a contract to provide jet fuel to Bagram airfield in Afghanistan...
Dick Lieberman,ConsultantOct 12, 20174 minDon't Make the Mistake of Thinking That The Entire Federal Acquisition Regulation (FAR) is Part Many people suffer from the erroneous impression that, while performing a federal government contract, they must comply with every sectio...
Dick Lieberman,ConsultantSep 19, 20174 minDon't Think You Can "Appeal" A Bid Protest Decision of the Government Accountability OMany disappointed bidders submit their initial bid protest to the GAO, but if they lose there, they can take their case to the Court of F...
Dick Lieberman,ConsultantSep 19, 20173 minDon't Fail to Timely Notify the Government of Your Intended ClaimThe Federal Acquisition Regulation (“FAR), includes several Changes clauses: FAR 52.243-1, Changes-Fixed Price FAR 52.243-2 Changes-Cost...
Dick Lieberman,ConsultantSep 19, 20175 minUnderstand Incorporation by Reference in Order to Avoid MistakesBlack’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of anothe...
Dick Lieberman,ConsultantSep 19, 20174 minContracting Officers: Don't Make the Mistake of Asking AbilityOne for the ImpossibleThe Javits-Wagner-O’Day Act (“JWOD”) , 41 U.S.C. § 8501-606, as implemented in the Federal Acquisition Regulation (“FAR”) at Subpart 8.7,...
Dick Lieberman,ConsultantSep 19, 20174 minDon't Make the Mistake of Becoming a Volunteer and Not Getting Paid for Your WorkDo you know what a government contract volunteer is? A volunteer is someone who embarks on duties of their own free will and without any...