R.D. Lieberman,Consultant
The Consequences of Abusing the Protest Process
Latvian Connection LLC submitted 150 protests to the Government Accountability Office (“GAO”) during the first eleven months of fiscal...
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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 22, 2016
- 2 min
A Footnote About Discussions and Final Proposal Revisions
In a recent blog, I explained that an agency does not need to give offerors a chance to submit a second final proposal revision. See...
84 views
R.D. Lieberman,Consultant
- Sep 14, 2016
- 2 min
Don't Mess With Page and Spacing Limitations In Proposals
Two recent Government Accountability Office (“GAO”) protests give a very clear picture that offerors must ensure that their proposals...
2 views
R.D. Lieberman,Consultant
- Jun 22, 2016
- 4 min
FAILURE TO ACKNOWLEDGE A MATERIAL AMENDMENT-WHAT IS MATERIAL, AND HOW DO I MAKE NO MISTAKES?
For as long as this writer can remember, the Government Accountability Office (“GAO”) has hewed to a hard and fast rule about amendments...
16 views
R.D. Lieberman,Consultant
- May 30, 2016
- 2 min
Once Again, Recurring Agency Mistakes in Discussions
A recent blog identified “Six Recurring Agency Mistakes in Discussions.” One of the frequently repeated mistakes (conducting unequal...
2 views
R.D. Lieberman,Consultant
- Apr 7, 2016
- 2 min
Lack of Advance Planning Is An Improper Reason to Use Noncompetitive Procedures
10 U.S.C. § 2304 and 41 U.S.C. 3301 require, with certain limited exceptions that contracting officers promote and provide for full and...
10 views
R.D. Lieberman,Consultant
- Mar 25, 2016
- 3 min
Bait and Switch: Many GAO Protests, Few Sustains
In a recent Government Accountability Office (“GAO”) case, the protester alleged “bait and switch” tactics, but the GAO denied the...
8 views
R.D. Lieberman,Consultant
- Mar 13, 2016
- 6 min
Competitive Prejudice
In order to win a bid protest, it isn’t enough for a protester to show that an agency has made an error (violation of law, regulation or...
6 views
R.D. Lieberman,Consultant
- Feb 21, 2016
- 4 min
Haste Makes Waste: Latent Solicitation Ambiguities
Sometimes, for the best of reasons, a contracting officer (“CO”) decides to charge ahead with a procurement when his or her own staff...
0 views
R.D. Lieberman,Consultant
- Feb 12, 2016
- 4 min
Six Recurring Agency Mistakes in Discussions
Discussions may become a very important part of a negotiated procurement. Discussions always occupy a compelling spot in the lore of...
1 view
R.D. Lieberman,Consultant
- Feb 7, 2016
- 2 min
G.L. Christian & Associates v. the Lions
For more than 50 years, the “Christian Doctrine” has been established law. The doctrine provides that if a mandatory contract clause is...
0 views
R.D. Lieberman,Consultant
- Feb 4, 2016
- 3 min
Pricing Commercial Trash Pickup: By the Ton or by the Run?
The Army sought “solid waste management services” (trash pickup) at or near Fort Polk, LA. Army properly recognized that these services...
1 view
R.D. Lieberman,Consultant
- Jan 31, 2016
- 2 min
GAO Warns Against Use of Flexible Ordering Agreements
The Government Accountability Office (“GAO”) recently found two agencies using a new, but unlawful approach to task and delivery orders,...
0 views
R.D. Lieberman,Consultant
- Jan 21, 2016
- 2 min
A Brand Name Product Meets a Brand Name or Equal Specification
Agencies can frequently obtain competition by using “brand name or equal” purchase descriptions. Recently, the Department of Veterans...
1 view
R.D. Lieberman,Consultant
- Jan 19, 2016
- 4 min
GAO Dislikes Uncooperative Agencies and Inadequate Documentation
Sometimes the Government Accountability Office (“GAO”) unleashes its criticism on a protester, particularly when their arguments are...
2 views
R.D. Lieberman,Consultant
- Jan 17, 2016
- 3 min
Data Rights Clause Is Material
A recent case at the Government Accountability Office (“GAO”) clearly establishes that the technical data rights clauses in a...
2 views
R.D. Lieberman,Consultant
- Jan 16, 2016
- 4 min
The Debriefing Exception to Protest Timeliness At the GAO
The timeliness rules for filing protests at the Government Accountability Office (“GAO”) (other than protests of a solicitation) requires...
0 views
R.D. Lieberman,Consultant
- Jan 16, 2016
- 4 min
Missing Deadlines in Protests
During the Civil War, at the famous Andersonville Prison, on the inside of the stockade and twenty feet from it, there was a deadline...
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R.D. Lieberman,Consultant
- Jan 13, 2016
- 3 min
Responses to RFQs Are Not Offers: The RFQ Mistake
Request for Quotations (“RFQs”) may create a “no-win” situation for a government contractor. That is particularly true when the...
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R.D. Lieberman,Consultant
- Jan 13, 2016
- 3 min
To Protest or Not to Protest
To protest or not to protest; that is the question; Whether ‘tis smarter in business to suffer The slings and arrows of outrageous...
0 views
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