
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)
Patent Ambiguity
This blog has frequently explained the duty of a contractor to inquire about a patent ambiguity in a solicitation (or a contract) before...
The Agency Made 4 Mistakes In the Procurement
In a more “normal” protest, an agency may make one or two mistakes that causes the Government Accountability Office (“GAO”) to sustain...
DOD Issues Rule Limiting Use of Lowest Priced Technically Acceptable Procurements
On September 26, 2019 the Department of Defense issued a final rule in the Defense Federal Acquisition Regulation Supplement (“DFARS”)...
GAO Sustain & Effectiveness Rates Remain Relatively Stable in FY 2019
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2019 on November 5,...
FEMA Deputy Regional Administrator and Deputy Chief of Staff Indicted
On September 10, 2019, a Federal Emergency Management Agency (“FEMA”) Deputy Regional Administrator and a FEMA Deputy Chief of Staff were...
Prior Course of Dealing
The Armed Services Board of Contract Appeals (“ASBCA”) recently held that on a matter of contract interpretation, a prior course of...
Mechanical Receipt of Agency Decision on Non-Business Day Does Not Trigger Constructive Knowledge
As readers of this blog are aware, where a contractor initially files a protest at an agency, any subsequent protest to the Government...
Postal Lies and Bad Faith Default Termination
The Court of Federal Claims recently held a default termination by a U.S. Postal Service (“USPS”) Postmaster to be improper and in bad...
Submit Your Invoices on Time, or Risk Non-Payment
Another sad story of a contractor who failed to comply with its contract, and lost its entire claim (amount not stated) for unpaid...
GAO Protest Timeliness, Businessmen and Lawyers
In a recent Government Accountability Office (“GAO”) bid protest, a contractor sought to be excused from the strict timeliness rules in...
Government Can't Rely on Non-Credible Hearsay to Show Failure to Meet Contract Specifications
In a recent construction contract, the Government sought to rely on testimony from a contract manager who “heard [] from another...
No Magic Words or Form Are Needed for a Claim
In an interesting reversal, the Federal Circuit reversed and remanded an Armed Services Board of Contract Appeals (“ASBCA” or “Board”)...
Wrongful Default, Lies by Contracting Officer's Representative
The Court of Federal claims recently found the default termination of an Army contract for repair of an Air Force runway to be...
Defense Contract Audit Agency 2018 Activities
On March 31, 2019, the Defense Contract Audit Agency (“DCAA”) issued a report to Congress on its Fiscal Year (“FY”) 2018 Activities. The...
Department of Justice Issues Guide for Commercial or Financial Information under FOIA
In early October, this blog explained that The Supreme Court recently considered the Freedom of Information Act (“FOIA”) exemption at 5...
Agency Improperly Allowed Large Awardee to Include Its Overhead and Profit in Small Business Calc.
The Government Accountability Office (“GAO”) recently sustained a protest against a U.S. Air Force award where there was a specific...
GAO and SBA Confirm that Runway Act Requires Rulemaking
In a recent decision, the Government Accountability Office (“GAO”) confirmed the position of the Small Business Administration (“SBA”)...
Supreme Court Eases the Definition of Confidential Commercial Information Exempt from FOIA
The Freedom of Information Act (5 USC 552, or “FOIA”) requires that upon request, an agency shall “shall make [] records promptly...
GAO Lacks Jurisdiction Over Civilian Task Orders Valued at Less than $10 Million
The Government Accountability Office (“GAO”) recently dismissed a bid protest on a civilian procurement where the task order’s value was...
