by Richard D. Lieberman, Consultant | Dec 4, 2024 | Bids & Proposals, Uncategorized
The Government Accountability Office (“GAO”) has repeatedly dismissed protests where the protester has sought to restrict rather than promote competition, by, for example, seeking to solicit an agency requirement on a sole-source basis. UpToDate, Inc., B-422550.2,...
by Richard D. Lieberman, Consultant | Nov 25, 2024 | Bids & Proposals, Uncategorized
A recent bid protest at the Government Accountability Office (“GAO”) reinforces the idea that there is a big difference between evaluation criteria in a solicitation, and instructions in the solicitation on how to prepare an offer. Tech Systems, Inc., B-421838.3,...
by Richard D. Lieberman, Consultant | Nov 13, 2024 | Bids & Proposals, Uncategorized
This blog has discussed both implied-in-fact contracts and express contracts in previous blogs. In a recent appeal at the Armed Services Board of Contract Appeals (“Board”), the Board denied the appeal of two claims, one of which was a delay claim and the other a...
by Richard D. Lieberman, Consultant | Jun 12, 2024 | Bids & Proposals
The best rule to follow when drafting a proposal is to check every requirement in the solicitation, and then have your work doublechecked by someone else (or another team) to ensure that all required items are included. Don’t make assumptions about what the agency...
by Richard D. Lieberman, Consultant | Jun 5, 2024 | Bids & Proposals
Offerors are sometimes distressed when an agency selects a significantly higher priced, higher technically rated proposal in a best value determination. The rejected offeror may believe that the government has not properly conducted the best value determination, and...
by Richard D. Lieberman, Consultant | May 22, 2024 | Bids & Proposals
A recent case at the Federal Circuit discussed the statutory and regulatory requirements for bundling, in the context of a bid protest that the Navy had improperly bundled. BH Aircraft Co, Inc. v. United States, GE Company, DBA GE Edison Works (“GE”), Fed. Cir. No....
