R.D. Lieberman,Consultant
Information on Lowest Price Technically Acceptable (LPTA) Process
Recently, the Government Accountability Office (“GAO”) issued a report on the Lowest Price Technically Acceptable (“LPTA”) process of...
RICHARD D. LIEBERMAN'S FAR CONSULTING & TRAINING
News and Blogs for Government Contractors
by Richard D. Lieberman, Federal Acquisition Regulation (FAR) Consultant
Government Contracting Blog
(See also the articles page of this site)
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R.D. Lieberman,Consultant
- Oct 31, 2018
- 3 min
Size Protest Deadlines Do Not Apply if Agency Flouts Sealed Bidding Procedures
Agencies must strictly adhere to the procurement method as set forth in the Federal Acquisition Regulation (“FAR”). Failure to do so may...
3 views
R.D. Lieberman,Consultant
- Oct 29, 2018
- 2 min
GAO Jurisdiction Extends to Procurement Laws and Regulations But Not To Questions of Fiscal Law or t
In an Army procurement for web-based postage, Pitney Bowes, Inc., B-416220, July 11, 2018, the Government Accountability Office (“GAO”)...
5 views
R.D. Lieberman,Consultant
- Oct 9, 2018
- 6 min
Recurring Agency Mistakes in Source Selection
For nearly a century the Government Accountability Office (“GAO”) and its predecessor, the General Accounting Office, have provided an...
16 views
R.D. Lieberman,Consultant
- Sep 26, 2018
- 2 min
Allowing Only 44 Minutes to Respond to a Solicitation?
You may think that allowing offerors only 44 minutes to respond to a solicitation for quotations is too short a time, but the Government...
1 view
R.D. Lieberman,Consultant
- Jul 26, 2018
- 3 min
When is a Task Order Out of Scope?
Two recent Government Accountability Office (“GAO”) bid protest decisions are interesting because in both cases, the GAO held that a task...
15 views
R.D. Lieberman,Consultant
- Jul 19, 2018
- 3 min
Extend Your Offer or Submit a Protest
An offer on a government contract is normally subject to a specified offer (bid or proposal) acceptance period. Standard Form (“SF”)...
8 views
R.D. Lieberman,Consultant
- Jul 5, 2018
- 2 min
The Government Accountability Office Has No Bid Protest Jurisdiction over Fannie Mae and Freddie Ma
Even though the Federal National Mortgage Association (FNMA or “Fannie Mae”) and the Federal Home Loan Mortgage Corporation (FHLMC or...
19 views
R.D. Lieberman,Consultant
- Jun 27, 2018
- 2 min
Unreasonable Restrictions on Quotation or Proposal Revisions
Federal Acquisition Regulation (“FAR”) 15.307 states that “[a]t the conclusion of discussions, each offeror still in the competitive...
30 views
R.D. Lieberman,Consultant
- Jun 11, 2018
- 5 min
What is a Fair Market Price in Set-Asides?
What is a fair market price, or a fair and reasonable price? The Federal Acquisition Regulation (“FAR”) requires that in a small...
7 views
R.D. Lieberman,Consultant
- Jun 5, 2018
- 3 min
Latent Ambiguity
It is an important rule of interpretation for both solicitations and contracts that the reader must examine the plain language of the...
17 views
R.D. Lieberman,Consultant
- May 15, 2018
- 3 min
The Late Offer Rule Does Not Apply to Quotations
The general rule in government procurement is that when a contractor submits an offer, it must be on time as stated in the solicitation. ...
80 views
R.D. Lieberman,Consultant
- Mar 27, 2018
- 3 min
Improper Discussions: Agency Treated Neutral Past Performance as "Increased Risk" Without
In a recent bid protest case, the Court of Federal Claims included two important conclusions: (1) in determining whether a deficiency or...
9 views
R.D. Lieberman,Consultant
- Mar 13, 2018
- 4 min
Improper Agency Discussions and Mis-Evaluation of Past Performance
Agencies continue to make errors in the way they handle discussions with offerors in the competitive range. Recently, in Language Select...
3 views
R.D. Lieberman,Consultant
- Mar 7, 2018
- 4 min
RAND Corporation Reviews Bid Protests and Concludes That Major Changes Are Not Appropriate
The RAND Corporation, at the request of the Congress in the 2017 National Defense Authorization Act (“NDAA”) recently completed a study...
2 views
R.D. Lieberman,Consultant
- Feb 28, 2018
- 3 min
Always Cure Any Material Omission in Your Final Revised Proposal
Offerors must take advantage of every opportunity they are given to maximize their chance for award in negotiated procurements. ...
5 views
R.D. Lieberman,Consultant
- Feb 21, 2018
- 5 min
The "Benefit of the Doubt" at the Government Accountability Office
A recent Government Accountability Office (“GAO”) bid protest decision held that the source selection authority did not meaningfully...
20 views
R.D. Lieberman,Consultant
- Jan 31, 2018
- 4 min
Corrective Action Will Improve An Adverse Past Performance Rating in Source Selection
Past performance is a significant aspect of source selection in negotiated procurement. When faced with an adverse performance review...
4 views
R.D. Lieberman,Consultant
- Jan 17, 2018
- 3 min
Oral Advice Cannot Amend a Solicitation
This blog has frequently frowned on any government contractor taking oral advice from any government official, even a contracting officer....
1 view
R.D. Lieberman,Consultant
- Jan 1, 2018
- 3 min
U.S. Mint Not Subject to Government Accountability Office Bid Protest Jurisdiction
The Government Accountability Office (“GAO”) recently confirmed that it has no bid protest jurisdiction over procurements made by the...
4 views