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RICHARD D. LIEBERMAN'S FAR CONSULTING & TRAINING
News and Blogs for Government Contractors
by Richard D. Lieberman, Federal Acquisition Regulation (FAR) Consultant
Government Contracting Blog
(See also the articles page of this site)
Failure to Give Notice of Cost Overrun in Time & Materials Contract
The Department of Health and Human Services (“HHS”) issued Caduceus Healthcare, Inc. (“CHI”) a task order under a schedule contract for Surge Support Emergency Response Operations (involving quarantines). The order listed the contract line item number (“CLIN”) for each service provided along with a ceiling price and description. The Contracting Officer denied payment of $147,000 for services rendered because CHI exceeded the contract’s T&M ceiling price without giving requir
R.D. Lieberman,Consultant
4 hours ago4 min read
Sanctions Applied for Artificial Intelligence-type Conduct
Once again, a forum has sanctioned a private party for use of non-existent cases and quoting of non-existent dialogue. The Civilian Board of Contract Appeals (“Board”) sanctioned a pro se litigant for its misconduct which possibly resulted from the use of artificial intelligence (“AI”) in drafting his motions. Decision Regarding Sanctions, Louis J. Blazy v. Dept of State, CBCA 7992, 7993, Feb. 24, 2026. The Board issued appellant seven orders to submit copies of the alleged
R.D. Lieberman,Consultant
4 hours ago2 min read
Speculative Protest Allegations Not Supported by Evidence
As noted in an earlier Blog, “Clarifying Government Accountability Office Pleading Standards” (March 2025), the submission of credible allegations supported by evidence is essential in submitting any GAO protest. The submission of bare speculative assertions will cause a protest to be dismissed. GAO clarified its pleading standard last year, and is now applying it as follows: [Government Accountability Office (“GAO”] Bid Protest Regulations require that protests include a d
R.D. Lieberman,Consultant
4 hours ago2 min read
Adverse Agency Action At the GAO After Agency Level Protest
The bid protest rules of the Government Accountability Office (“GAO”) state that a protest based on something other than alleged improprieties in a solicitation must be filed no later than 10 calendar days after the protester knew, or should have known, of the basis for protest, whichever is earlier. 4 CFR § 21.2(a)(2). The GAO rules further state that if a timely agency-level protest was previously filed, any subsequent protest to GAO must be filed within 10 days of actual
R.D. Lieberman,Consultant
4 hours ago3 min read
A Company that Cannot Offer a Qualified Product on a Sole Source Procurement is Not an Interested Party to Protest
Coulson Aviation protested at the Government Accountability Office (“GAO”) a sole source contract award by the U.S. Department of Agriculture (“USDA”) Forest Service for aerial long term fire retardant (“LTFR”) products and ancillary services to air tanker bases. Coulson Aviation USA, Inc., B-423952, Feb. 4, 2026. After receiving no response to its notice that it intended to award a sole source contract, and citing FAR 6.302-1 (“Only one responsible source and no other suppl
R.D. Lieberman,Consultant
May 43 min read
Each Procurement Stands on its Own
This blog has previously discussed denied protests where the protester has argued that an agency failed to evaluate in accordance with a similar but previous procurement. Now comes Low Voltage Wiring, Ltd., B-423502 et al, Jan. 30, 2026, where the Government Accountability Office (“GAO”) denied another protest because the agency reached different conclusions in a related procurement, and the procurements were conducted under different solicitations and were evaluated by diff
R.D. Lieberman,Consultant
May 42 min read
Caveat Mancepts Rei Publicae
“Caveat Mancepts rei publicae,” Latin for “let the contractor for the government beware,” is how Judge Ryan T. Holte of the Court of Federal Claims (“COFC”) began his opinion in Margaret Abare v. United States, No. 22-171 (Fed. Cl March 19, 2026). The plaintiff, Margaret Abare, was a former mail handler with the U.S. Postal Service (“USPS”) who filed a complaint alleging discrimination. During settlement discussions that were ordered by the Equal Employment Opportunity Comm
R.D. Lieberman,Consultant
May 43 min read
Don't Be Silent (Abandonment of a GAO Protest)
If you protest a procurement at the Government Accountability Office (“GAO”), it is crucial that you meet all filing deadlines. Providing your comments on the agency report that is submitted by the procuring agency in response to the protest is especially important. The GAO rules state that “[c]omments on the agency report shall be filed within 10 days after the agency has filed the report, except where GAO has granted an extension of time or where GAO has established a shor
R.D. Lieberman,Consultant
May 42 min read
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