R.D. Lieberman,Consultant
The Consequences of Abusing the Protest Process
Latvian Connection LLC submitted 150 protests to the Government Accountability Office (“GAO”) during the first eleven months of fiscal...
top of page
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)
Search
R.D. Lieberman,Consultant
Oct 22, 20162 min read
A Footnote About Discussions and Final Proposal Revisions
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...
94 views
R.D. Lieberman,Consultant
Sep 14, 20162 min read
Don't Mess With Page and Spacing Limitations In Proposals
Two recent Government Accountability Office (“GAO”) protests give a very clear picture that offerors must ensure that their proposals...
7 views
R.D. Lieberman,Consultant
Jun 22, 20164 min read
FAILURE TO ACKNOWLEDGE A MATERIAL AMENDMENT-WHAT IS MATERIAL, AND HOW DO I MAKE NO MISTAKES?
For as long as this writer can remember, the Government Accountability Office (“GAO”) has hewed to a hard and fast rule about amendments...
28 views
R.D. Lieberman,Consultant
May 30, 20162 min read
Once Again, Recurring Agency Mistakes in Discussions
A recent blog identified “Six Recurring Agency Mistakes in Discussions.” One of the frequently repeated mistakes (conducting unequal...
4 views
R.D. Lieberman,Consultant
Apr 7, 20162 min read
Lack of Advance Planning Is An Improper Reason to Use Noncompetitive Procedures
10 U.S.C. § 2304 and 41 U.S.C. 3301 require, with certain limited exceptions that contracting officers promote and provide for full and...
13 views
R.D. Lieberman,Consultant
Mar 25, 20163 min read
Bait and Switch: Many GAO Protests, Few Sustains
In a recent Government Accountability Office (“GAO”) case, the protester alleged “bait and switch” tactics, but the GAO denied the...
11 views
R.D. Lieberman,Consultant
Mar 13, 20166 min read
Competitive Prejudice
In order to win a bid protest, it isn’t enough for a protester to show that an agency has made an error (violation of law, regulation or...
9 views
R.D. Lieberman,Consultant
Feb 21, 20164 min read
Haste Makes Waste: Latent Solicitation Ambiguities
Sometimes, for the best of reasons, a contracting officer (“CO”) decides to charge ahead with a procurement when his or her own staff...
1 view
R.D. Lieberman,Consultant
Feb 12, 20164 min read
Six Recurring Agency Mistakes in Discussions
Discussions may become a very important part of a negotiated procurement. Discussions always occupy a compelling spot in the lore of...
3 views
R.D. Lieberman,Consultant
Feb 7, 20162 min read
G.L. Christian & Associates v. the Lions
For more than 50 years, the “Christian Doctrine” has been established law. The doctrine provides that if a mandatory contract clause is...
3 views
R.D. Lieberman,Consultant
Feb 4, 20163 min read
Pricing Commercial Trash Pickup: By the Ton or by the Run?
The Army sought “solid waste management services” (trash pickup) at or near Fort Polk, LA. Army properly recognized that these services...
3 views
R.D. Lieberman,Consultant
Jan 31, 20162 min read
GAO Warns Against Use of Flexible Ordering Agreements
The Government Accountability Office (“GAO”) recently found two agencies using a new, but unlawful approach to task and delivery orders,...
2 views
R.D. Lieberman,Consultant
Jan 21, 20162 min read
A Brand Name Product Meets a Brand Name or Equal Specification
Agencies can frequently obtain competition by using “brand name or equal” purchase descriptions. Recently, the Department of Veterans...
6 views
R.D. Lieberman,Consultant
Jan 19, 20164 min read
GAO Dislikes Uncooperative Agencies and Inadequate Documentation
Sometimes the Government Accountability Office (“GAO”) unleashes its criticism on a protester, particularly when their arguments are...
5 views
R.D. Lieberman,Consultant
Jan 17, 20163 min read
Data Rights Clause Is Material
A recent case at the Government Accountability Office (“GAO”) clearly establishes that the technical data rights clauses in a...
4 views
R.D. Lieberman,Consultant
Jan 16, 20164 min read
The Debriefing Exception to Protest Timeliness At the GAO
The timeliness rules for filing protests at the Government Accountability Office (“GAO”) (other than protests of a solicitation) requires...
2 views
R.D. Lieberman,Consultant
Jan 16, 20164 min read
Missing Deadlines in Protests
During the Civil War, at the famous Andersonville Prison, on the inside of the stockade and twenty feet from it, there was a deadline...
2 views
R.D. Lieberman,Consultant
Jan 13, 20163 min read
Responses to RFQs Are Not Offers: The RFQ Mistake
Request for Quotations (“RFQs”) may create a “no-win” situation for a government contractor. That is particularly true when the...
1 view
R.D. Lieberman,Consultant
Jan 13, 20163 min read
To Protest or Not to Protest
To protest or not to protest; that is the question; Whether ‘tis smarter in business to suffer The slings and arrows of outrageous...
2 views
bottom of page