by Richard D. Lieberman, Consultant | Oct 12, 2022 | Uncategorized
The Federal Circuit recently considered the “request requirement,” which is a contractor’s request for a final decision by the Contracting Officer (“CO”) on its claim. Zafer Const. Co., AKA Zafer Taahhut Insaat ve Ticaret A.S. v. United States, No. 2021-1547 (Fed.... by Richard D. Lieberman, Consultant | Oct 5, 2022 | Uncategorized
DON’T RELY ON COMPUTER-GENERATED DELIVERY CONFIRMATIONS OF YOUR PROPOSAL This blog has discussed computer-generated confirmations of agency receipt of your proposal, and urged contractors to obtain a “human-generated” confirmation. In Firebird Analytical Sols and... by Richard D. Lieberman, Consultant | Sep 28, 2022 | Uncategorized
When an agency agrees to take corrective action in response to a protest, and re-evaluates offerors, does this constitute discussions? The Government Accountability Office (“GAO”) gives a definitive “no” unless certain conditions are met. Quality Technology, Inc. ... by Richard D. Lieberman, Consultant | Sep 21, 2022 | Uncategorized
A recent dispute involving three separate claims resulted in the Court of Federal Claims noting that “[w]hereas clauses are not contractual; they are recitations laying out the background understandings of the parties.” THR Enterprises, Inc., v. United States, No.... by Richard D. Lieberman, Consultant | Sep 14, 2022 | Uncategorized
Meaningful resolution of any bid protest, whether at the Court of Federal Claims or the Government Accountability Office (“GAO”), is always dependent on the procurement agency’s production of an adequate record. Seaward Services, Inc., B-420580, June 12, 2022 is an...