R.D. Lieberman,Consultant
Mar 25, 20172 min read
Disparate Treatment in Evaluation of Offers
It is a fundamental principle of government procurement that agencies must evaluate proposals on a common basis and in accordance with...

It is a fundamental principle of government procurement that agencies must evaluate proposals on a common basis and in accordance with...
The following saga of two appeals demonstrates the importance of sworn affidavits in size protests and size appeals. In the first...
The Government Accountability Office (“GAO”) recently ruled that in negotiated procurement, a company cannot attribute to itself the past...
A successful protester at the Government Accountability Office (“GAO”) is entitled to a GAO recommendation that the agency conducting the...
Have you ever had a situation where a Government Agency advised you that it would reduce or pro-rate your monthly services invoice for...
What happens when a protester submits a protest to the Government Accountability Office (“GAO”), the agency responds in its agency report...
Box 12 of Standard Form 33, “Solicitation, Offer and Award” states that that the contractor agrees that if the agency accepts its offer...
The Contract Disputes Act (“CDA”) requires timely final decisions on claims, except when there is a reasonable basis for a delay. (See...
On January 5, 2017, the Acting Administrator for Federal Procurement Policy issued a “Myth-Busting” memorandum on the importance of...
Well written proposals in response to government contract solicitations are important for any contractor who wants to obtain federal...
Before submitting a size protest, small businesses would be advised to consider that Alaska Native Corporations (“ANCs”) are exempt from...
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2016 on December 15,...
There is a basic principle in contract law (previously discussed in these blogs) that a contract tainted by fraud or wrongdoing is void...
In the Army, much of the staff work on the Army staff is performed by Action Officers (“AO”) whose job it is to “make things happen.” ...
In two recent Armed Services Board of Contract Appeals (“ASBCA”) cases, the Board sustained the appeals and found the agency’s...
Latvian Connection LLC submitted 150 protests to the Government Accountability Office (“GAO”) during the first eleven months of fiscal...
The Civilian Board of Contract Appeals (“CBCA”) recently set forth the requirements for a person who signs a contractor’s certification...
In a recent blog, I explained that an agency does not need to give offerors a chance to submit a second final proposal revision. See...
This blog frequently discusses appeals before the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract...
The fixed price default clause at Federal Acquisition Regulation (“FAR”) 52.249-8(c) as well as the “excusable delays” clause in...