R.D. Lieberman,ConsultantDec 23, 20222 minAgency Only Needs A Reasonable Basis to Cancel a SolicitationIn a recent protest, the Government Accountability Office (“GAO”) reaffirmed its approach to agency cancellations of a...
R.D. Lieberman,ConsultantDec 8, 20223 minCourt of Federal Claims has Jurisdiction Over Other Transaction Agreements (“OTA”)There may have been some doubt about whether the Court of Federal Claims (“CFC”) has bid protest jurisdiction over Other Transaction...
R.D. Lieberman,ConsultantDec 1, 20222 min"Implict Promise" in Federal Supply Schedule Not Good Enough to Meet Solicitation RequirementsThe Government Accountability Office (“GAO”) recently sustained a protest of an agency’s evaluation and source selection which made award...
R.D. Lieberman,ConsultantNov 23, 20222 minContracting Officer's Claim was Not “Final Decision”--it Invited Contractor to Submit More The linchpin for appealing claims under the Contract Disputes Act is a Contracting Officer’s final decision and a contractor may not...
R.D. Lieberman,ConsultantNov 17, 20222 minProtest to GAO Is Untimely if Prior Agency Level Protest Was UntimelyThe Government Accountability Office (“GAO”) bid protest rules have tight deadlines for submitting timely protests. These rules also...
R.D. Lieberman,ConsultantNov 17, 20224 minDon't Buy Software or Other Needs for an Option Before it is ExercisedThis blog has frequently explained that options in a government contract are exercisable at the government’s discretion, and there is...
R.D. Lieberman,ConsultantNov 6, 20222 minInactive SAM Registration at time of Bid Submission is an Immaterial and Curable DefectAlthough the Federal Acquisition Regulation (“FAR”) requires that bidders be registered in the government’s System for Award Management...
R.D. Lieberman,ConsultantOct 26, 20222 minMust an Agency Permit Price Changes in Final Proposal Revisions?Recently, in Cellebrite Inc., B-430371.2, April 28, 2022, the Government Accountability Office (“GAO”) discussed limitations on the scope...