by Richard D. Lieberman, Consultant | Jul 14, 2020 | Basic Principles/Authority to Contract, Formation-General
In two recent cases, one before the Civilian Board of Contract Appeals (“CBCA”) and the other at the Federal Circuit, the contractors either failed to read their contract, or they ignored some basic contracting rules, like the plain meaning rule in contract...
by Richard D. Lieberman, Consultant | May 19, 2020 | Formation-General, Offers/Protests
The relevant Federal Acquisition Regulation (“FAR”) provision gives contractors very little leeway in having a late bid submission considered. Either they get their offers or quotes in on time to the place specified in the solicitation or their submissions will be...
by Richard D. Lieberman, Consultant | May 5, 2020 | Formation-General, GSA, Offers/Protests, Proposals, Rules and Regulations
The Government Accountability Office (“GAO”) recently ruled that the General Services Administration’s (“GSA”) use of a highest-technically rated, reasonably priced source selection method when establishing single-award blanket purchase agreements (“BPA’s) with...
by Richard D. Lieberman, Consultant | Apr 14, 2020 | Basic Principles/Authority to Contract, Formation-General
A recent court case reconfirmed that neither a Contracting Officer’s Representative (“COR”) nor a head of an agency has lawful authority to award an implied-in-fact contract. Panther Brands, LLC and Panther Racing, LLC v. United States, No. 116-1157C (Fed. Claims...
by Richard D. Lieberman, Consultant | Mar 3, 2020 | Formation-General, Offers/Protests
A recent Court of Federal Claims (“COFC”) decision on a Service Disabled Veteran Owned Small Business (“SDVOSB”) set-aside for shredding services, emphasizes that all awards, even those set aside and in compliance with the Rule of 2, must be made at a reasonable...
by Richard D. Lieberman, Consultant | Feb 25, 2020 | Contract Administration Issues, Formation-General, Rules and Regulations
In a 2017 blog titled “How to Sign Your Claim and Certification” (November 28, 2017), this author discussed some of the pitfalls in claim signatures and certification, and recommended that contractors “not type “signed” or anything else on a claim or certification,...
