R.D. Lieberman,ConsultantSep 25, 20192 minOfferors: Don't Introduce New Weaknesses in Proposals After DiscussionsIn a recent bid protest, the Army Corps of Engineers (“Corps”) identified and notified an offeror of 26 weaknesses in its proposal during...
R.D. Lieberman,ConsultantSep 20, 20193 minFinal Contracting Officer Decision on Claim Does Not Cure Lack of CertificationThe Civilian Board of Contract Appeals reinforced the statutory and regulatory framework for claims over $100,000 that lack certification...
R.D. Lieberman,ConsultantSep 20, 20193 minNo Unilateral Mistake Allowed in Woodies' Leases to GSAThe Court of Federal Claims held that the General Services Administration (“GSA”) could not recover and re-charge Woodies Holdings LLC...
R.D. Lieberman,ConsultantSep 7, 20193 minAgency Cannot Re-Litigate Issues Previously Decided in an Appeal On a ClaimThe Department of Energy (“DOE”) sought to pay only a portion of amounts that the Civilian Board of Contract Appeals (“CBCA”) had awarded...
R.D. Lieberman,ConsultantAug 31, 20192 minEven if Not Set Aside for Small Business, Sometimes a Contractor May Appeal the NAICS CodeA recent appeal of a North American Industry Classification System (“NAICS”) code demonstrates that there are certain circumstances where...
R.D. Lieberman,ConsultantAug 26, 20194 minDOJ Issues Guidance on False Claims Act Cooperation CreditThe Department of Justice ("DOJ") on May 7, 2019 issued new policy via the DOJ Manual pertaining to how it will award credit to...
R.D. Lieberman,ConsultantAug 15, 20192 minBreaking a Price Tie by Selecting a Higher Quality OfferIn a lowest-priced, technically acceptable acquisition by the Department of State using commercial item and simplified acquisition...
R.D. Lieberman,ConsultantAug 15, 20193 minCancellation of Bids and the Indpt. Gov't EstimateReaders of this blog are aware that in a procurement using sealed bidding, award must be made to the responsible bidder who submits the...
R.D. Lieberman,ConsultantJul 27, 20194 minMilitary Interdepartmental Purchase Request ("MIPR")A Military Interdepartmental Purchasing Request, or MIPR, is an internal funding document by which one military department or Department...
R.D. Lieberman,ConsultantJul 27, 20192 minAgency Failed to Document Corrective ActionFrequently, when an agency procurement has been protested at the Government Accountability Office (“GAO”), the agency can decide to take...
R.D. Lieberman,ConsultantJul 12, 20192 minContracting Officer's Email Notice of Intent to Exercise Option Was AdequateThis blog has frequently noted that in order to exercise an option properly to continue services, the Government must meet all...
R.D. Lieberman,ConsultantJul 8, 20192 minFEDBID is Government's Agent in Reverse AuctionThe Government Accountability Office (“GAO”) has recently confirmed that in a reverse auction conducted on behalf of an agency by FedBid...
R.D. Lieberman,ConsultantJun 18, 20193 minAffiliation: Common Ownership is Different from Common ManagementUnder the Size Regulations of the Small Business Administration (“SBA”), when there is affiliation between two or more businesses, the...
R.D. Lieberman,ConsultantJun 13, 20192 minWoman Must Have Necessary Managerial Experience and Expertise to Qualify as a WOSBThe Office of Hearings and Appeals (“OHA”) of the Small Business Administration (“SBA”) has clearly indicated that a Woman-Owned concern...
R.D. Lieberman,ConsultantJun 7, 20192 minAgency Cannot Assume Performance Not in OfferAgencies cannot assign strengths for features not included in an offeror’s proposal, by assuming that these features would be provided...
R.D. Lieberman,ConsultantMay 29, 20192 minCompetition Alone Does Not Not Render Every Price Reasonable Per SeThe Government Accountability Office (“GAO”) recently considered and sustained a protest where an agency had concluded that just because...
R.D. Lieberman,ConsultantMay 29, 20192 minCourt Has No Jurisdiction to Consider Claims on Blanket Purchase AgreementsMcLeod Group, LLC was awarded a Blanket Purchase Agreement (“BPA”) by the Department of Homeland Security (“DHS”) for management...
R.D. Lieberman,ConsultantMay 15, 20192 minModification Signed Under Protest:Agency Must Consider All Documents in the TransactionWhat happens when an agency seeks to obtain a contractor’s signature on a modification, but the contractor is not happy with the...
R.D. Lieberman,ConsultantMay 10, 20193 minAgency Has Only Limited Requirement to Seek ClarificationsOfferors should carefully consider the Federal Acquisition Regulation (“FAR”) requirements for “clarifications” that agencies must comply...
R.D. Lieberman,ConsultantMay 2, 20192 minAgency Reasonably Limited Quotation Revisions As Part of Corrective ActionIn a recent protest at the Government Accountability Office (“GAO”), the GAO held that limiting quotation revisions when taking...
