R.D. Lieberman,ConsultantMay 3, 20173 minGAO Approves New Best Value Method: Highest Technically Rated With Fair and Reasonable Price; Court The Government Accountability Office (“GAO”) recently deemed as permissible the use of the “highest technically rated offerors with a...
R.D. Lieberman,ConsultantApr 26, 20174 minDepartment of Justice Evaluation Questions for Corporate Compliance ProgramsIn early February 2017, the Fraud Section of the Department of Justice (“DOJ”) Criminal Division issued an eight page paper on how DOJ...
R.D. Lieberman,ConsultantApr 22, 20174 minFirst Article Does Not Redefine Contract Specifications for AcceptanceIn a long and complex case, the Armed Services Board of Contract Appeals (“ASBCA”) recently explained that a First Article Test (“FAT”)...
R.D. Lieberman,ConsultantApr 13, 20172 min"You're Out of Luck Buddy" (No Extra-contractual Relief)In a timber sale contract (where the government contractor cuts down timber and sells it, presumably at a profit), the Civilian Board of...
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...
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...
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...
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...