R.D. Lieberman,ConsultantJul 13 minBoard Allows Claim Because Agency Did Not Understand Its Own Solicitation and ContractIn an interesting Armed Services Board of Contract Appeals case, the Board sustained a contractor’s claim for $962,020 for increased scop...
R.D. Lieberman,ConsultantJun 263 minFederal Circuit Adopts Federal Claim Standard on Disparate EvaluationsThe Federal Circuit Court, never having previously had a standard for evaluating disparate evaluation claims in bid protests, adopted the...
R.D. Lieberman,ConsultantJun 182 minBoards Lack Jurisdiction to Hear Bid Protests Even if CO Invites ItThe following forums have jurisdiction to consider bid protests: Agency: jurisdiction provided by Executive Order 12979 and Federal Acqui...
R.D. Lieberman,ConsultantJun 182 minDon't Make a Fatal Mistake At the Boards of Contract AppealRecently, a contractor who had submitted a claim to its contracting officer, made a fatal procedural mistake when asking the Civilian Boa...
R.D. Lieberman,ConsultantMay 282 minWhat is a "Sum Certain?"As used in Federal Acquisition Regulation (“FAR”) 52.233-1 (Disputes), a claim is a “ a written demand or written assertion by one of the...
R.D. Lieberman,ConsultantMay 132 minReprocurement Contract May Not Exceed Undelivered Term of Defaulted ContractAfter a contract has been terminated for default, Federal Acquisition Regulation (“FAR”) 49.402-6 permits the agency to repurchase the sa...
R.D. Lieberman,ConsultantMay 64 minHighest Technically Rated Reasonably Priced Selection Method is Not OK for GSA Schedules BPA'sThe Government Accountability Office (“GAO”) recently ruled that the General Services Administration’s (“GSA”) use of a highest-technical...
R.D. Lieberman,ConsultantMay 33 minCan't Challenge CPAR IN BID Protest But Can Challenge Bad Faith in SelectionThe Court of Federal Claims recently held that it could not consider a post-award bid protest of a Contractor Performance Assessment Repo...
R.D. Lieberman,ConsultantApr 223 minBait and Switch Redux-Even Without Required Commitment LettersThis blog has frequently explained an occasional protest-winning situation where an offeror engages in “bait and switch” in its proposal....
R.D. Lieberman,ConsultantApr 204 minRacing Cars and Implied Contracts Made by the Head of an AgencyA recent court case reconfirmed that neither a Contracting Officer’s Representative (“COR”) nor a head of an agency has lawful authority ...
R.D. Lieberman,ConsultantApr 201 minCivil False Caims Act Qui Tam StatisticsThe Federal Government in Fiscal Year 2019 recovered more than $3 billion in Civil False Claims Act settlements and judgments. This inclu...
R.D. Lieberman,ConsultantApr 23 minFederal Circuit Holds That Any Defect in Claim Certification Can Be CorrectedThis blog has frequently reported on the form and certification required for a claim under the Contract Disputes Act. See “No Magic Words...
R.D. Lieberman,ConsultantMar 273 minGuard Your Proprietary Information CarefullyA recent GAO decision on a protest that alleged that the agency improperly released the protester’s proprietary information is a case stu...
R.D. Lieberman,ConsultantMar 192 minReceipt of CO Decision Includes Receipt by Your Attorney or EmployeeThe Court of Federal Claims recently held that when your attorney receives a Contracting Officer’s (“CO”) final decision under the Contra...
R.D. Lieberman,ConsultantMar 123 minOut of Scope ModificationA recent Navy contract modification of a weapon scope is an example of a classic out of scope modification that will be reviewed by the G...
R.D. Lieberman,ConsultantMar 32 minEven in Set-Asides, the Price Must be ReasonableA recent Court of Federal Claims (“COFC”) decision on a Service Disabled Veteran Owned Small Business (“SDVOSB”) set-aside for shredding ...
R.D. Lieberman,ConsultantFeb 133 minPatent AmbiguityThis blog has frequently explained the duty of a contractor to inquire about a patent ambiguity in a solicitation (or a contract) before ...
R.D. Lieberman,ConsultantFeb 112 minThe Agency Made 4 Mistakes In the ProcurementIn a more “normal” protest, an agency may make one or two mistakes that causes the Government Accountability Office (“GAO”) to sustain th...
R.D. Lieberman,ConsultantJan 293 minDOD Issues Rule Limiting Use of Lowest Priced Technically Acceptable ProcurementsOn September 26, 2019 the Department of Defense issued a final rule in the Defense Federal Acquisition Regulation Supplement (“DFARS”) th...
