R.D. Lieberman,ConsultantAug 24, 20172 minPrime May Violate Ostensible Subcontractor Rule Even If It Performs Primary and Vital Requirements oThe Small Business Administration (“SBA”) size regulations include an “ostensible subcontractor” rule. This rule provides that when a...
R.D. Lieberman,ConsultantAug 17, 20173 minWho is the Manufacturer in a Small Business Set-Aside?When a manufacturing or supply contract is set aside for small businesses, the Small Business Administration (“SBA”) size regulations...
R.D. Lieberman,ConsultantAug 11, 20173 minOne Truth About the Truth in Negotiations ActThe Truth in Negotiations Act (“TINA”) requires that contractors furnish cost or pricing data before an agreement on price for most...
R.D. Lieberman,ConsultantAug 3, 20174 minDiscretion of the Source Selection Authority to Change RatingsNegotiated procurements conducted pursuant to Federal Acquisition Regulation (“FAR”) Part 15 are structured with one Source Selection...
R.D. Lieberman,ConsultantJul 19, 20174 minUnreasonable Limitations on Proposal Revisions During the Corrective Action Phase of ProtestsIn what appears to be a first, the Government Accountability Office (“GAO”) sustained a protest because an agency imposed unreasonably...
R.D. Lieberman,ConsultantJul 13, 20173 minConstructive AccelerationConstructive acceleration occurs when the government demands the contractor’s compliance with an original contract deadline even though...
R.D. Lieberman,ConsultantJul 13, 20172 minContractor Can Seek Payment for Work That Was Invoiced and Accepted Prior to Default TerminationClaude Mayo Construction Company, Inc. (“Mayo”) had a contract with the General Services Administration (“GSA”) to renovate a U.S....
R.D. Lieberman,ConsultantJul 6, 20173 minWritten Final Proposal Revisions are not Required in Competitions for Task OrdersIn a recent bid protest decision, the Government Accountability Office (“GAO”) made clear that when agencies conduct competitions for...