by Richard D. Lieberman, Consultant | Mar 9, 2021 | Uncategorized
The Defense Federal Acquisition Regulation Supplement (“DFARS”) requires the inclusion of a clause in any contract in which noncommercial technical data will be delivered to the government. The clause is DFARS 252.227-7013 (the “7013 clause”), and it identifies... by Richard D. Lieberman, Consultant | Mar 2, 2021 | Uncategorized
The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a significant opinion that makes it very clear to agencies that the language they place in a contract matters, and the Government cannot rewrite a contract. Kiewit Infrastructure West Co. v. United... by Richard D. Lieberman, Consultant | Feb 23, 2021 | Uncategorized
Reversing a Court of Federal Claims ruling, the Court of Appeals for the Federal Circuit (“CAFC”) recently held that a bidder that had been removed from a Qualified Parts List (“QPL”), and thereby barred from responding to solicitations subject that QPL, could... by Richard D. Lieberman, Consultant | Feb 16, 2021 | Uncategorized
It is rare when the Government Accountability Office (“GAO”) says that agency actions in its source selection for two different contractors showed “pervasive errors in the conduct of the competition and evaluation of proposals.” But that’s exactly what the GAO said... by Richard D. Lieberman, Consultant | Feb 9, 2021 | Uncategorized
A claim for money requires “a written demand or written assertion … seeking, as a matter of right, the payment of money in a sum certain…” FAR 2.101. The Boards lack jurisdiction (which will result in dismissal of an appeal) if the claim seeks “approximately... by Richard D. Lieberman, Consultant | Feb 2, 2021 | Bids & Proposals, Uncategorized
By Richard D. Lieberman, Consultant The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2020 on December 23, 2020 (B-158766). The GAO actually received 2,149 protests in fiscal year (“FY”) 2020 but...