by Richard D. Lieberman, Consultant | Jul 13, 2016 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
In a recent decision by the Court of Federal Claims, the Court refused to dismiss a case over a terminated U.S. Postal Service (“USPS”) delivery contract, holding that three provisions in the contract were likely contrary to public policy. Tabetha Jennings v. United... by Richard D. Lieberman, Consultant | Jun 28, 2016 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Subcontracting, Terminations
The Federal Circuit recently clarified that a contractor’s claim does not accrue until the exact amount (“sum certain”) of the claim is known to the contractor. Kellogg Brown & Root Serv., Inc. v. Murphy, No. 2015-1148 (Fed. Cir. May 18, 2016), 2016 WL 2893218.... by Richard D. Lieberman, Consultant | Jun 23, 2016 | Uncategorized
For as long as this writer can remember, the Government Accountability Office (“GAO”) has hewed to a hard and fast rule about amendments to solicitations: an offeror’s failure to acknowledge a material amendment makes the proposal (or bid) unacceptable and the... by Richard D. Lieberman, Consultant | May 31, 2016 | Uncategorized
A recent blog identified “Six Recurring Agency Mistakes in Discussions.” One of the frequently repeated mistakes (conducting unequal discussions) was again repeated in a recently sustained Government Accountability Office (“GAO”) protest decision, Deloitte Consulting,... by Richard D. Lieberman, Consultant | May 23, 2016 | Evaluation of Offers in Accordance with the RFP or IFB
The Government Accountability Office (GAO) has considered numerous protests alleging that an offeror’s bid was “unbalanced.” Only a small number of these protests have been sustained. In Al-Tahouna Al-Ahliah Gen. Trading & Contracting Co, WLL, et al, B-412769 et...