by Richard D. Lieberman, Consultant | Sep 21, 2023 | Uncategorized
A recent decision confirms that in a source selection, the Government Accountability Office (“GAO”) saw nothing unreasonable in giving credit to an offeror that exceeded the solicitation requirements but could provide value to the agency during contract performance. ... by Richard D. Lieberman, Consultant | Sep 14, 2023 | Uncategorized
In a recent decision, the Government Accountability Office (“GAO”) reiterated the ground rules for the filing of an informal agency level protest (instead of filing a formal agency level protest set forth in Federal Acquisition Regulation (FAR 33.103). Byrd... by Richard D. Lieberman, Consultant | Sep 7, 2023 | Uncategorized
In a recent protest, the Government Accountability Office (“GAO”) held that although performance risk was not specifically listed as an evaluation criterion, an agency may always consider risk that is intrinsic to the stated evaluation factors. South Dade A/C and... by Richard D. Lieberman, Consultant | Aug 31, 2023 | Uncategorized
What happens if you submit a claim to a contracting officer (“CO”) but instead of including a “sum certain” as required by the Contract Disputes Act (“CDA”) you state you will furnish that sum during discovery? The simple answer is that your claim is likely to... by Richard D. Lieberman, Consultant | Aug 28, 2023 | Uncategorized
Reversing many years of precedent, on August 22, 2023, the Federal Circuit held the “sum certain” requirement for monetary claims is non-jurisdictional, and the claim that doesn’t state a sum certain may not be immediately dismissed at any point in the...