by Richard D. Lieberman, Consultant | Aug 16, 2017 | Uncategorized
When a manufacturing or supply contract is set aside for small businesses, the Small Business Administration (“SBA”) size regulations require that the prime contractor either be the manufacturer of the end item being procured (and the end item must be manufactured or... by Richard D. Lieberman, Consultant | Aug 9, 2017 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Truth in Negotiations Act (“TINA”) requires that contractors furnish cost or pricing data before an agreement on price for most negotiated procurements of more than $750,000. Cost or pricing data mean all facts that a prudent buyer or seller would reasonably... by Richard D. Lieberman, Consultant | Aug 2, 2017 | Evaluation of Offers in Accordance with the RFP or IFB
Negotiated procurements conducted pursuant to Federal Acquisition Regulation (“FAR”) Part 15 are structured with one Source Selection Authority (“SSA”), who acts on behalf of the Agency head in making a source selection. (Remember: the U.S. Code provides, and FAR... by Richard D. Lieberman, Consultant | Jul 19, 2017 | Uncategorized
In what appears to be a first, the Government Accountability Office (“GAO”) sustained a protest because an agency imposed unreasonably restrictive limitations on the scope of proposal revisions. In this protest, Deloitte Consulting, LLP, B-412125.6, Nov. 28, 2016, GAO... by Richard D. Lieberman, Consultant | Jul 12, 2017 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
Constructive acceleration occurs when the government demands the contractor’s compliance with an original contract deadline even though there is excusable delay. This is precisely what happened in IAP Worldwide Svcs, ASBCA no. 59397 et al, May 17, 2017. A contractor...