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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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Use Caution with Rubber Stamps
Is a rubber stamped signature of the President of a company on a release of claims valid? The Civilian Board of Contract Appeals, under...
Dick Lieberman,Consultant
Nov 15, 20183 min read
14 views
Don't Forget to Make and Sign the Required Certification for Your Claim
Proper certification of a claim is essential. The Armed Services Board of Contract Appeals recently considered a contractor’s claim for...
Dick Lieberman,Consultant
Oct 2, 20182 min read
3 views
Mistakes in Selecting the Forum for Service Contract /Davis-Bacon Act Issues
Where should contractors litigate matters involving the Service Contract Act, 41 U.S.C. Chapter 67 and the Davis-Bacon Act, 40 U.S.C....
Dick Lieberman,Consultant
Aug 25, 20183 min read
9 views
Don't Lose Your Claim Because of Your Own Neglect
A recent Armed Services Board Case gave some insight on the 6-year statute of limitations for filing claims under the Contract Disputes...
Dick Lieberman,Consultant
Aug 2, 20183 min read
5 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 Fail to Take Corrective Action to Improve an Adverse Past Performance Rating in Source Sel
Past performance is a significant aspect of source selection in negotiated procurement. When faced with an adverse performance review...
Dick Lieberman,Consultant
Jan 31, 20184 min read
15 views
Don't make a BIG Mistake When You Sign Your Claim or Certification
The Contract Disputes Act of 1978 (“CDA”) contains a few simple requirements for claims over $100,000, including certification. Yet to...
Dick Lieberman,Consultant
Dec 2, 20174 min read
8 views
Don't Make the Mistake of Allowing Your Contracting Officer to Use the Changes Clause to Change
The Federal Acquisition Regulation (“FAR”) defines “change order” to mean “a written order, signed by the contracting officer, directing...
Dick Lieberman,Consultant
Nov 10, 20174 min read
28 views
Don't Make the Mistake of Signing Away Your Rights
Now comes two cases decided on the same day by the Armed Services Board of Contract Appeals that demonstrate how important it is for a...
Dick Lieberman,Consultant
Nov 5, 20175 min read
7 views
Don't Jump the Gun with Your Government Property
Whenever a contractor receives or uses Government Furnished Property (“GFP”), there are important rules to follow. In Snowdon, Inc.,...
Dick Lieberman,Consultant
Sep 19, 20174 min read
6 views
Agencies Please Don't Make the Same Mistake Six Times
A case at the Armed Services Board of Contract Appeals appears to demonstrate that some contract administrators never seem to learn, and...
Dick Lieberman,Consultant
Sep 19, 20173 min read
8 views
Contractor Mistake: Failing to Inquire About Wage and Fringe Benefits When the Information is Incomp
Any contractor with experience in providing contracts for services (i.e. service contracts) understands that the Service Contract Act...
Dick Lieberman,Consultant
Sep 19, 20172 min read
9 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
Don't Make the Mistake of Thinking That Partners in a Joint Venture Prime Contractor are in Priv
A recent case at the Armed Services Board of Contract Appeals (“ASBCA”) demonstrates once again that where a joint venture (“JV”) is a...
Dick Lieberman,Consultant
Sep 19, 20173 min read
46 views
Don't Make the Mistake of Thinking a Claim Must Include All Costs Incurred to be Valid
Duncan Aviation sought $1.6 million for “over and above” costs incurred in connection with a Navy contract to overhaul landing gear...
Dick Lieberman,Consultant
Sep 19, 20172 min read
8 views
Don't Make the Mistake of Thinking You Can Stop Work When You Can't
Government contracts, although unique because of their special rules, are still subject to many of the same principles that are part of...
Dick Lieberman,Consultant
Sep 19, 20175 min read
9 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
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