by Richard D. Lieberman, Consultant | Aug 23, 2017 | Uncategorized
The Small Business Administration (“SBA”) size regulations include an “ostensible subcontractor” rule. This rule provides that when a subcontractor is actually performing the primary and vital requirements of the contract, or when the prime contractor is “unusually... by Richard D. Lieberman, Consultant | Aug 16, 2017 | Uncategorized
When a manufacturing or supply contract is set aside for small businesses, the Small Business Administration (“SBA”) size regulations require that the prime contractor either be the manufacturer of the end item being procured (and the end item must be manufactured or... by Richard D. Lieberman, Consultant | Jul 19, 2017 | Uncategorized
In what appears to be a first, the Government Accountability Office (“GAO”) sustained a protest because an agency imposed unreasonably restrictive limitations on the scope of proposal revisions. In this protest, Deloitte Consulting, LLP, B-412125.6, Nov. 28, 2016, GAO... by Richard D. Lieberman, Consultant | Jul 5, 2017 | Uncategorized
In a recent bid protest decision, the Government Accountability Office (“GAO”) made clear that when agencies conduct competitions for task orders among holders of a multiple award contract, final proposal revisions (“FPR”) are not required, as they would be for a... by Richard D. Lieberman, Consultant | Jun 7, 2017 | Uncategorized
About a year ago, this blog published two articles on discussions, “Six Recurring Agency Mistakes in Discussions” and “Once Again: Recurring Agency Mistakes in Discussions.” (May 2016.) The “number 1” mistake was: Agencies must conduct meaningful discussions. When... by Richard D. Lieberman, Consultant | Mar 22, 2017 | Uncategorized
It is a fundamental principle of government procurement that agencies must evaluate proposals on a common basis and in accordance with the terms of the solicitation. Agencies may not engage in disparate (unequal) treatment of offerors in their evaluation. On this...