by Richard D. Lieberman, Consultant | Apr 3, 2018 | Basic Principles/Authority to Contract, Government Contracting
Waiver: The voluntary relinquishment or abandonment—express or implied—of a legal right or advantage. Black’s Law Dict. (10th Ed. 2014) This blog has discussed situations where the government has waived a delivery schedule in a contract. See “How Many Mistakes Can A... by Richard D. Lieberman, Consultant | Mar 27, 2018 | Uncategorized
In a recent bid protest case, the Court of Federal Claims included two important conclusions: (1) in determining whether a deficiency or weakness exists in a proposal, an agency must use a fact-centered, materiality or competitive impact analysis, not a categorical... by Richard D. Lieberman, Consultant | Mar 20, 2018 | Uncategorized
The U.S. Forest Service manages our national forests, which includes organizing and administering timber sales. These sales result in government contracts—but in reverse—the timber companies bid a price they will pay the government for the right to remove (and... by Richard D. Lieberman, Consultant | Mar 13, 2018 | Uncategorized
Agencies continue to make errors in the way they handle discussions with offerors in the competitive range. Recently, in Language Select LLP, B-415097, Nov. 14, 2014, the Government Accountability Office (“GAO”) sustained a protest because the agency had improperly... by Richard D. Lieberman, Consultant | Mar 6, 2018 | Uncategorized
The RAND Corporation, at the request of the Congress in the 2017 National Defense Authorization Act (“NDAA”) recently completed a study titled, “Assessing Bid Protests of U.S. Department of Defense Procurements—Identifying Issues, Trends and Drivers” by M. Arena, B....