Public Contracting Institute Blog
OFFER SUBMITTED IN NAME OF THE PRODUCT IS NONRESPONSIVE
Recently, in a small business set-aside, the Government Accountability Office (“GAO”) confirmed an agency’s finding that a protester’s quotation was nonresponsive because it was submitted in the name of the product, not the company’s name. Innovative Quality...
SOURCE SELECTION” AND “EVALUATION
Source Selection Decision Document | Source Selection Non-Cost Factor Rating Form Are FAR “source selection” procedures and “evaluation” procedures the same concepts? The selected acquisition procedure prescribes the fitting distinction. FAR Part 15 prescribes the...
PLAIN MEANING RULE
The Contract Disputes Act permits either the government (with the prior approval of the Attorney General) or the contractor to appeal the decision of a Board of Contract Appeals (41 U.S.C. §7107(a)). Appeals are taken to the Court of Appeals for the Federal Circuit. ...
TERMINATION FOR CAUSE OR DEFAULT ARE GOVERNMENT CLAIMS, NOT SUBJECT TO PRESENTMENT TO CONTRACTING OFFICER
By Richard D. Lieberman, Consultant Neither a termination for default, nor a termination for cause must be presented to the contracting officer (“CO”) prior to appealing to the Board of Contract Appeals or the Court of Federal Claims. SkyQuest Aviation, LLC, ASBCA...
UNLESS PROTESTER ASKS QUESTIONS IN EXTENDED DEBRIEF THE 5 DAY REQUIREMENT IN CICA APPLIES
By Richard D. Lieberman, Consultant A protester filed a bid protest on a Defense Department procurement at the Government Accountability Office (“GAO”) six days after receiving a written debriefing. The GAO denied the stay as untimely, but the Court of Federal Claims...
TERMINATING AN AWARD IF A SIZE DETERMINATION FINDS AN AWARDEE “NOT SMALL”
By Richard D. Lieberman, Consultant Suppose a size determination ultimately finds a contractor is “not small” but the award has already been made? (This is a distinct possibility given the timing of size protests). What can the agency do at that time? Amaze Tech....
Did You Know? Fun with the FAR Session 12
By Brett Egusa, Senior Legal Editor at Thomson Reuters Today we learned that the Federal Government has many unique and flexible contracting methods that it can use to fulfill special procurement needs. Under FAR 17.1 and 17.2, for example, we learn that the...
CAN A REQUEST FOR EQUITABLE ADJUSTMENT BE CONSIDERED A CLAIM?
By Richard D. Lieberman, Consultant Readers of this blog understand that there can be a difference between a Request for Equitable Adjustment (“REA”) and a claim under the Contract Disputes Act (“CDA”). But there frequently are situations where a contractor submits...
DISCUSSIONS-HIGH PRICE OR UNREASONABLE HIGH PRICE
Federal Acquisition Regulation (“FAR”) 15.306 states that negotiations with offerors in the competitive range are designed to “maximize the Government’s ability to obtain best value, based on the requirement and evaluation factors set forth in the solicitation.” This...
ADVERSE INFERENCE IN SIZE APPEALS
The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) has a very clear-cut set of guidelines for deciding appeals of contractor’s size protests in connection with set-asides or other size issues. In response to a size protest, an Area...
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