R.D. Lieberman,ConsultantJun 6, 20192 minAgency Cannot Assume Performance Not in OfferAgencies cannot assign strengths for features not included in an offeror’s proposal, by assuming that these features would be provided...
R.D. Lieberman,ConsultantMay 29, 20192 minCompetition Alone Does Not Not Render Every Price Reasonable Per SeThe Government Accountability Office (“GAO”) recently considered and sustained a protest where an agency had concluded that just because...
R.D. Lieberman,ConsultantMay 29, 20192 minCourt Has No Jurisdiction to Consider Claims on Blanket Purchase AgreementsMcLeod Group, LLC was awarded a Blanket Purchase Agreement (“BPA”) by the Department of Homeland Security (“DHS”) for management...
R.D. Lieberman,ConsultantMay 15, 20192 minModification Signed Under Protest:Agency Must Consider All Documents in the TransactionWhat happens when an agency seeks to obtain a contractor’s signature on a modification, but the contractor is not happy with the...
R.D. Lieberman,ConsultantMay 10, 20193 minAgency Has Only Limited Requirement to Seek ClarificationsOfferors should carefully consider the Federal Acquisition Regulation (“FAR”) requirements for “clarifications” that agencies must comply...
R.D. Lieberman,ConsultantMay 2, 20192 minAgency Reasonably Limited Quotation Revisions As Part of Corrective ActionIn a recent protest at the Government Accountability Office (“GAO”), the GAO held that limiting quotation revisions when taking...
R.D. Lieberman,ConsultantApr 26, 20193 minAgencies Must Look Beyond Adjectival Ratings in Source SelectionOne of the recurring themes in bid protests that are sustained by the Government Accountability Office (“GAO”) is the need for agencies...
R.D. Lieberman,ConsultantApr 18, 20193 minDetails of the "Present Effect" RuleIn a long and detailed opinion, the Office of Hearings and Appeals (“OHA”) of the Small Business Administration (“SBA”) discusses many of...