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MISTAKES IN GOVERNMENT CONTRACTING
FROM: FAR (Federal Acquisition Regulation) Consulting and Training
by Richard Lieberman, Federal Acquisition Regulation (FAR) Consultant
Mistakes Blog
(See also the articles page of this site)
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Don't Forget the Christian Doctrine
Under the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if...
Dick Lieberman,Consultant
Dec 22, 20183 min read
27 views
Contracting Officers: Meet Your Needs with Commercial Items First
In 1994, the Congress passed the Federal Acquisition Streamlining Act (“FASA”), Pub. L. No. 103-355, and included, codified as amended at...
Dick Lieberman,Consultant
Nov 12, 20183 min read
15 views
Don't Make the Mistake of Thinking that GAO Jurisdiction Extends to Questions of Fiscal Law or t
The Government Accountability Office (“GAO”) has bid protest jurisdiction of violations of procurement laws and regulations, and does not...
Dick Lieberman,Consultant
Oct 29, 20182 min read
7 views
Contracting Officers: Don't Make the Mistake of Violating the Covenant of Good Faith and Fair D
Two recent cases at the Armed Services Board of Contract Appeals (“Board”) demonstrate the importance and reach of the covenant (implied...
Dick Lieberman,Consultant
Oct 18, 20185 min read
38 views
Contracting Officers: Don't Make The Mistake of Paying an Imposter
An Air Force contracting officer (“CO”) receives an email referencing Contract No. H92237-13-C-5002 (the “Contract”) for general labor...
Dick Lieberman,Consultant
May 23, 20182 min read
17 views
Don't Forget to Reserve Any Claims in A Final Signed Release
Once again, a contractor was barred from raising future claims on a contract where the same contractor had executed a final release that...
Dick Lieberman,Consultant
Apr 29, 20182 min read
7 views
Contracting Officers: Don't Breach Your Contract by Unilateral Modification of a Funding Clause
This blog recently discussed the limits of the use of the Changes Clause in a contract, noting that the clauses at Federal Acquisition...
Dick Lieberman,Consultant
Apr 15, 20184 min read
48 views
Know When the Government Has Waived The Contract Specifications
Waiver: The voluntary relinquishment or abandonment – express or implied—of a legal right or advantage. Black’s Law Dict. (10th Ed....
Dick Lieberman,Consultant
Apr 4, 20183 min read
10 views
Don't Accept Oral Advice or Oral Changes to a Solicitation
This blog has frequently frowned on any government contractor taking oral advice from any government official, even a contracting officer....
Dick Lieberman,Consultant
Jan 17, 20183 min read
2 views
How 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...
Dick Lieberman,Consultant
Jan 6, 20182 min read
16 views
Don'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...
Dick Lieberman,Consultant
Oct 12, 20174 min read
9 views
Don't Think You Can "Appeal" A Bid Protest Decision of the Government Accountability O
Many disappointed bidders submit their initial bid protest to the GAO, but if they lose there, they can take their case to the Court of...
Dick Lieberman,Consultant
Sep 19, 20174 min read
10 views
Don't Fail to Timely Notify the Government of Your Intended Claim
The Federal Acquisition Regulation (“FAR), includes several Changes clauses: FAR 52.243-1, Changes-Fixed Price FAR 52.243-2 Changes-Cost...
Dick Lieberman,Consultant
Sep 19, 20173 min read
4 views
Understand Incorporation by Reference in Order to Avoid Mistakes
Black’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of...
Dick Lieberman,Consultant
Sep 19, 20175 min read
19 views
Contracting Officers: Don't Make the Mistake of Asking AbilityOne for the Impossible
The 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,Consultant
Sep 19, 20174 min read
13 views
Don't Make the Mistake of Becoming a Volunteer and Not Getting Paid for Your Work
Do you know what a government contract volunteer is? A volunteer is someone who embarks on duties of their own free will and without any...
Dick Lieberman,Consultant
Sep 18, 20174 min read
20 views
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