R.D. Lieberman,Consultant
Mar 3, 20202 min read
Even in Set-Asides, the Price Must be Reasonable
A recent Court of Federal Claims (“COFC”) decision on a Service Disabled Veteran Owned Small Business (“SDVOSB”) set-aside for shredding...

A recent Court of Federal Claims (“COFC”) decision on a Service Disabled Veteran Owned Small Business (“SDVOSB”) set-aside for shredding...
This blog has frequently explained the duty of a contractor to inquire about a patent ambiguity in a solicitation (or a contract) before...
In a more “normal” protest, an agency may make one or two mistakes that causes the Government Accountability Office (“GAO”) to sustain...
On September 26, 2019 the Department of Defense issued a final rule in the Defense Federal Acquisition Regulation Supplement (“DFARS”)...
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2019 on November 5,...
On September 10, 2019, a Federal Emergency Management Agency (“FEMA”) Deputy Regional Administrator and a FEMA Deputy Chief of Staff were...
The Armed Services Board of Contract Appeals (“ASBCA”) recently held that on a matter of contract interpretation, a prior course of...
As readers of this blog are aware, where a contractor initially files a protest at an agency, any subsequent protest to the Government...
The Court of Federal Claims recently held a default termination by a U.S. Postal Service (“USPS”) Postmaster to be improper and in bad...
Another sad story of a contractor who failed to comply with its contract, and lost its entire claim (amount not stated) for unpaid...
In a recent Government Accountability Office (“GAO”) bid protest, a contractor sought to be excused from the strict timeliness rules in...
In a recent construction contract, the Government sought to rely on testimony from a contract manager who “heard [] from another...
In an interesting reversal, the Federal Circuit reversed and remanded an Armed Services Board of Contract Appeals (“ASBCA” or “Board”)...
The Court of Federal claims recently found the default termination of an Army contract for repair of an Air Force runway to be...
On March 31, 2019, the Defense Contract Audit Agency (“DCAA”) issued a report to Congress on its Fiscal Year (“FY”) 2018 Activities. The...
In early October, this blog explained that The Supreme Court recently considered the Freedom of Information Act (“FOIA”) exemption at 5...
The Government Accountability Office (“GAO”) recently sustained a protest against a U.S. Air Force award where there was a specific...
In a recent decision, the Government Accountability Office (“GAO”) confirmed the position of the Small Business Administration (“SBA”)...
The Freedom of Information Act (5 USC 552, or “FOIA”) requires that upon request, an agency shall “shall make [] records promptly...