R.D. Lieberman,ConsultantMar 30, 20174 minSo You Think You Got A Government Contract-Think Again!Many people think they have a valid government contract, but much of the litigation in the Courts and the Boards of Contract Appeals revo...
R.D. Lieberman,ConsultantMar 25, 20172 minDisparate Treatment in Evaluation of OffersIt is a fundamental principle of government procurement that agencies must evaluate proposals on a common basis and in accordance with th...
R.D. Lieberman,ConsultantMar 14, 20172 minAffidavits and Declarations are Generally Acceptable in Size AppealsThe following saga of two appeals demonstrates the importance of sworn affidavits in size protests and size appeals. In the first appeal...
R.D. Lieberman,ConsultantMar 3, 20172 minWhat is a Predecessor Company for Past Performance Purposes?The Government Accountability Office (“GAO”) recently ruled that in negotiated procurement, a company cannot attribute to itself the past...
R.D. Lieberman,ConsultantFeb 23, 20173 minClaiming Costs of Pursuing Protests at the Government Accountability OfficeA successful protester at the Government Accountability Office (“GAO”) is entitled to a GAO recommendation that the agency conducting the...
R.D. Lieberman,ConsultantFeb 20, 20173 minAgencies Cannot Pro-Rate Invoices Unless the Contract So StatesHave you ever had a situation where a Government Agency advised you that it would reduce or pro-rate your monthly services invoice for da...
R.D. Lieberman,ConsultantFeb 12, 20172 minProtester's Failure to Rebut or Substantively CommentWhat happens when a protester submits a protest to the Government Accountability Office (“GAO”), the agency responds in its agency report...
R.D. Lieberman,ConsultantFeb 5, 20172 minOffers Remain Open Even if "Unsuccessful"Box 12 of Standard Form 33, “Solicitation, Offer and Award” states that that the contractor agrees that if the agency accepts its offer w...
R.D. Lieberman,ConsultantFeb 2, 20174 minNew Contracting Officer is No Reason to Delay Decision on ClaimThe Contract Disputes Act (“CDA”) requires timely final decisions on claims, except when there is a reasonable basis for a delay. (See di...
R.D. Lieberman,ConsultantJan 24, 20173 minEveryone Wishes Agencies Would Comply, but...On January 5, 2017, the Acting Administrator for Federal Procurement Policy issued a “Myth-Busting” memorandum on the importance of agenc...
R.D. Lieberman,ConsultantJan 19, 20173 minPoorly Written Proposals--What Happens?Well written proposals in response to government contract solicitations are important for any contractor who wants to obtain federal cont...
R.D. Lieberman,ConsultantDec 29, 20163 minReminder: Alaska Native Corporations are Exempt from Certain Size RulesBefore submitting a size protest, small businesses would be advised to consider that Alaska Native Corporations (“ANCs”) are exempt from ...
R.D. Lieberman,ConsultantDec 20, 20162 minGAO Sustained Protests Increase in 2016The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2016 on December 15, ...
R.D. Lieberman,ConsultantDec 20, 20162 minKnowingly Making False Statements to Obtain a Contract-Void Ab Initio ReduxThere is a basic principle in contract law (previously discussed in these blogs) that a contract tainted by fraud or wrongdoing is void a...
R.D. Lieberman,ConsultantNov 30, 20163 minWhere Do Action Officers Dream Up These Schemes?In the Army, much of the staff work on the Army staff is performed by Action Officers (“AO”) whose job it is to “make things happen.” Un...
R.D. Lieberman,ConsultantNov 24, 20162 minUnreasonable Post-Performance Actions by the GovernmentIn two recent Armed Services Board of Contract Appeals (“ASBCA”) cases, the Board sustained the appeals and found the agency’s post-perfo...
R.D. Lieberman,ConsultantNov 7, 20162 minThe Consequences of Abusing the Protest ProcessLatvian Connection LLC submitted 150 protests to the Government Accountability Office (“GAO”) during the first eleven months of fiscal ye...
R.D. Lieberman,ConsultantNov 2, 20162 minMust Your Claim Be Certified by the Person Who Signed Your Contract?The Civilian Board of Contract Appeals (“CBCA”) recently set forth the requirements for a person who signs a contractor’s certification o...
R.D. Lieberman,ConsultantOct 22, 20162 minA Footnote About Discussions and Final Proposal RevisionsIn a recent blog, I explained that an agency does not need to give offerors a chance to submit a second final proposal revision. See “Do...
R.D. Lieberman,ConsultantOct 18, 20163 minDemystifying Appeals Before the Boards of Contract AppealsThis blog frequently discusses appeals before the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract A...